Jack Smith’s Classified Secrets and January 6 Evidence Loom in Trump Cases

Whether Special Counsel Jack Smith’s final reports on his investigations and indictments of former President Donald Trump will become public remains uncertain, according to legal experts. With Trump’s potential return to the Oval Office looming, the release of Smith’s findings on the criminal cases involving Trump’s efforts to overturn the 2020 election and the classified documents probe is highly anticipated.

Law professor Kim Wehle, writing in The Bulwark, highlighted two key areas to watch for in the final reports: classified information and grand jury records. Trump faces multiple criminal charges in Washington, D.C., related to his alleged attempts to overturn the 2020 election and his role in the January 6 Capitol attack. Additionally, the ongoing classified documents investigation, which Wehle notes was dismissed in a controversial ruling, is another key component of Smith’s probe.

Wehle warns that time is running short for Smith to finalize and release his findings before Trump assumes office, where he is likely to dismiss the special counsel immediately. In her editorial, Wehle called on Attorney General Merrick Garland to ensure these final reports are made public to preserve transparency and accountability.

Two categories of information Wehle highlighted as essential for the public to see are the classified materials from the Mar-a-Lago investigation and grand jury records. “Biden could declassify parts of the Mar-a-Lago records for no other reason than to preserve for posterity the facts regarding Trump’s alleged national security crimes,” Wehle suggested. She explained that if these documents aren’t declassified and published before the new administration, Trump might order them destroyed, protected from scrutiny by the Supreme Court’s decision in Trump v. U.S.

The release of grand jury materials could also mirror the approach taken by Kenneth Starr’s report on Bill Clinton, which was made public through judicial authorization under Rule 6 of the Federal Rules of Criminal Procedure. This process would allow the reports to reach the public with the oversight and consent of judges involved in the cases.

Wehle expressed concerns for those involved in the investigation, noting that they may face professional and personal risks in the future. “Anyone who worked on the investigations—prosecutors, FBI agents, paralegals, analysts—will have to worry about getting a new job,” she cautioned. Additionally, Wehle suggested that they might need to consult criminal defense attorneys due to Trump’s promises of retribution against those who pursued charges against him. As the country awaits these reports, the urgency surrounding their potential release intensifies, with questions of transparency and accountability hanging in the balance.