The Justice Department's recent release of former President Joe Biden's private memoir tapes is reportedly undermining the Trump administration's efforts to keep former special counsel Jack Smith's classified documents report sealed, according to the Knight First Amendment Institute at Columbia University and American Oversight. These groups filed a brief with the U.S. Court of Appeals for the 11th Circuit to overturn U.S. District Judge Aileen Cannon's permanent injunction that prevents the report's release. They argue that neither the DOJ nor Trump's legal team has provided sufficient justification for overriding the public's right to access the report.
The Biden tapes, which include nearly 70 hours of audio from his conversations with ghostwriter Mark Zwonitzer, became public after a two-year legal battle. These recordings were part of former special counsel Robert Hur's investigation into Biden's handling of classified documents. The Biden administration had initially sought to block their release but lost in both federal district and appeals courts, leading to the tapes' eventual disclosure.
The plaintiffs in the case regarding Smith's report referenced the recent ruling on the Biden tapes in their brief, urging the appeals court to reconsider Cannon's order. They emphasize the public's significant interest in reviewing special counsel investigations, even those that do not lead to charges. Cannon's injunction, which was established to protect the fair-trial rights of Trump associates charged alongside him, has faced criticism for its lack of justification regarding public access.
The ongoing litigation in the 11th Circuit will determine whether Cannon's injunction can remain in effect. The case has drawn attention due to the recent indictment of a former federal prosecutor accused of improperly handling Smith's report, further complicating the issue of transparency in special counsel investigations.