Aileen Cannon's Campaign for a Supreme Court Seat Just Reached a New Low

The Trump-appointed judge issued an order banning the release of a report detailing the criminal investigation into the classified documents Trump took with him on his way out of the White House.

Published on Feb. 26, 2026

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U.S. District Court Judge Aileen Cannon, a longtime favorite of former President Donald Trump, issued an order banning the release of a report detailing former special counsel Jack Smith's criminal investigation into the classified documents Trump took with him when he left the White House in 2021. Cannon, who was confirmed just weeks before the end of Trump's first term, went out of her way to rule on a question that she does not technically have jurisdiction over, while simultaneously positioning herself for a potential Supreme Court opening.

Why it matters

Cannon's order represents an ongoing effort to obstruct the investigation into Trump's mishandling of classified documents and to shield him from accountability. By challenging the release of the special counsel's report, Cannon is undermining transparency and the public's right to know the details of the investigation, even though no charges have been brought against Trump.

The details

Cannon issued the order in response to a motion from Trump's co-defendants, Waltine Nauta and Carlos de Oliveira, requesting that the Department of Justice be permanently banned from releasing Smith's final report on the classified documents investigation. Cannon claimed that Smith was wrongfully appointed as special counsel and accused him of concocting a 'brazen stratagem' to 'circumvent' her initial ruling by writing the report as required by the special counsel statute. She argued that releasing the report would 'contravene basic notions of fairness and justice' since no adjudication of guilt has been reached.

  • In January 2025, the Knight First Amendment Institute of Columbia University began pushing Cannon to release Smith's report under the Freedom of Information Act.
  • In December 2025, Cannon denied the Knight Institute's motion, and the group immediately appealed her decision to the 11th Circuit Court of Appeals.
  • In June 2026, the 11th Circuit is scheduled to hold oral arguments on the case regarding the release of Smith's report.

The players

Aileen Cannon

A U.S. District Court Judge in the Southern District of Florida who was confirmed just weeks before the end of Trump's first term and has consistently ruled in favor of Trump in the classified documents case.

Jack Smith

The former special counsel who conducted the criminal investigation into the classified documents Trump took with him when he left the White House in 2021.

Waltine Nauta

One of Trump's co-defendants in the classified documents case who submitted the motion requesting that Cannon permanently ban the release of Smith's final report.

Carlos de Oliveira

Another of Trump's co-defendants in the classified documents case who submitted the motion requesting that Cannon permanently ban the release of Smith's final report.

Scott Wilkens

The senior counsel for the Knight First Amendment Institute of Columbia University and the leader of the group's legal battle over the public release of Smith's Volume II report.

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What they’re saying

“There has been no basis for Judge Cannon to prevent the release of Volume II since, for over a year, we've argued that she had no proper basis, no jurisdiction, to enjoin its release once the case fully came to an end.”

— Scott Wilkens, Senior counsel, Knight First Amendment Institute of Columbia University

“Our investigation developed proof beyond a reasonable doubt that President Trump engaged in criminal activity. If asked whether to prosecute a former president based on the same facts today, I would do so regardless of whether that president was a Republican or a Democrat.”

— Jack Smith

What’s next

The 11th Circuit Court of Appeals has put the case regarding the release of Smith's report on an expedited schedule, with oral arguments scheduled for June 2026.

The takeaway

Cannon's latest order is part of an ongoing effort to obstruct the investigation into Trump's mishandling of classified documents and shield him from accountability. By challenging the release of the special counsel's report, Cannon is undermining transparency and the public's right to know the details of the investigation, even though no charges have been brought against Trump.