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Defense Lawyers Seek to Block Special Counsel Report in Trump Documents Case
Defense lawyers asked both the Justice Department and a federal judge on Monday night to stop the special counsel, Jack Smith, from publicly releasing a report detailing his investigation into President-elect Donald J. Trump’s mishandling of classified documents after he left office in 2021.
The two-pronged attempt to block the report’s release arrived as Mr. Trump was only two weeks away from being sworn in for a second term as president. With the case against Mr. Trump already dismissed, the report would essentially be Mr. Smith’s final chance to lay out damaging new details and evidence, if he has any.
Mr. Trump’s lawyers, in an aggressively worded letter to Attorney General Merrick B. Garland, said they had recently been shown a draft copy of Mr. Smith’s report, calling it an example of the special counsel’s “politically motivated attack” against Mr. Trump. They demanded that Mr. Garland not allow Mr. Smith to make the report public and “remove him promptly” from his post.
“The release of any confidential report prepared by this out-of-control private citizen unconstitutionally posing as a prosecutor would be nothing more than a lawless political stunt, designed to politically harm President Trump,” the lawyers wrote. In separate court papers, lawyers for Mr. Trump’s two co-defendants in the classified documents case, Walt Nauta and Carlos De Oliveira, sought a more direct path toward stopping the release of Mr. Smith’s report. They asked the judge who oversaw the case, Aileen M. Cannon, to issue an emergency order to bar Mr. Smith from making the report public until the case “has reached a final judgment and appellate proceedings are concluded.”
Both attempts to block Mr. Smith could face an uphill battle.
Mr. Trump’s lawyers have no power to force Mr. Garland to stop the report from coming out, and their letter amounted to little more than a belligerent request. It is also unclear whether Judge Cannon would have the authority to tell the attorney general how to handle a report by a special counsel that he himself appointed, especially when the case is technically out of her hands and in front of an appeals court.
That happened because Judge Cannon threw out the case in its entirety in July, ruling, in the face of decades of precedent, that Mr. Smith had been unlawfully appointed as special counsel. Mr. Smith and his deputies challenged that decision, and it was being considered by a federal appeals court in Atlanta when Mr. Trump won the election in November.
Citing Justice Department policy against prosecuting a sitting president, Mr. Smith dropped the appeal where Mr. Trump was concerned, effectively ending his role in the case. But he did not drop the appeal against Mr. Nauta and Mr. De Oliveira, and federal prosecutors in Florida now plan to pursue it when Mr. Smith steps down, likely before Inauguration Day on Jan. 20.
Mr. Smith has also moved to dismiss the other federal case he brought against Mr. Trump, accusing him of plotting to overturn the 2020 election. It remains unclear when Mr. Smith plans to file a report in that case and whether it will accompany the report on the documents prosecution or be contained in a separate document.
The effort by Mr. Trump’s lawyers to block the release of the report was only their latest attempt to kill or push back any legal filings or proceedings that might be embarrassing or damaging to the president-elect.
Earlier on Monday, a state judge in Manhattan rejected Mr. Trump’s most recent attempt to delay his sentencing on 34 felony charges, saying that the hearing would go on as scheduled on Friday.
Justice Department regulations call for all special counsels to file reports to the attorney general explaining why they filed the charges they did, and why they decided not to file any other charges they might have been considering. The attorney general can then decide whether to release the report to the public.
It remains unclear when Mr. Smith was planning to finish his report in the classified documents case. But the lawyers for Mr. Nauta and Mr. De Oliveira said in their court papers that the report was likely to be released “within the next few days.”
Should either or both reports eventually see the light of day, it is possible they will not contain much in the way of new or revelatory information.
The report in the classified documents case could be complicated by the fact that it would likely have to undergo a careful review by the intelligence community for any classified information it contained. The report in the election interference case might not break significant new ground, if only because in October Mr. Smith filed a sprawling, 165-page brief laying out the evidence he planned to offer at trial.
Still, in their letter to Mr. Garland, Mr. Trump’s lawyers complained that the draft report in the classified documents case said that Mr. Trump had “harbored a ‘criminal design’” and was the “head of the criminal conspiracies” detailed in the indictment. The draft also said, the lawyers wrote, that “Mr. Trump violated multiple federal criminal laws.”
Mr. Trump’s lawyers turned the tables on Mr. Smith, accusing him of “unethical” conduct and “improper activities.” Those accusations had possible implications for future retribution against Mr. Smith, given that two of the lawyers who signed the letter to Mr. Garland, Todd Blanche and Emil Bove, have been chosen by Mr. Trump to serve in high positions in his Justice Department.While Mr. Garland has not said publicly whether he intends to release either report by Mr. Smith, he has done so in the past with other reports by other special counsels.
In February, for example, Mr. Garland permitted the release of a report by the special counsel Robert K. Hur concerning President Biden’s handling of classified materials after he served as vice president. The report concluded that criminal charges were not warranted, but also offered an unflattering assessment of Mr. Biden’s memory and cognitive capacity in the middle of the 2024 presidential campaign.
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Video: Will ICE Change Under Its New Leader?
By Hamed Aleaziz, Sutton Raphael, Thomas Vollkommer, Gilad Thaler, Whitney Shefte and Alexandra Ostasiewicz
March 27, 2026
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A surprise resignation could open the door for an independent to win a Montana Senate seat
Seth Bodnar, the former president of the University of Montana, is now running for Senate as an independent
Kirk Siegler/NPR
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Kirk Siegler/NPR
BUTTE, Mont. – It’s long been an adage in Montana politics that if you’re running for office, you’d better have a float in the Butte St. Paddy’s Day Parade, which draws thousands to the mining city’s historic uptown, soaking up the nostalgia – and the Guiness.
Here, you’re just steps from the towering old mining headframes and the one mile long and half mile wide Berkeley Pit. Now shuttered, it was once one of the world’s largest copper deposits.
Larry Carden, in a Notre Dame sweatshirt, never misses the parade.
“You’ll see a lot more boos for the Republicans than you will the Democrats, I can guarantee you that,” he says.
That’s a nod to Butte’s long history of Democratic politics and a strong labor movement going back to around 1900, when the “Copper King” mine owners ruled Montana business and media, and bribed their way into political office. Today, Carden, who’s retired, is worried that the mega rich are again influencing politics here, and how expensive life is in his home state.
“Between health care and gas and food, and you go to the store the other day, there’s rib steaks $19.99 a pound, you know,” Carden says.
A political group marches in the St. Patrick’s Day parade in Butte, Montana, March 17 2026
Kirk Siegler/NPR
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This year’s parade followed an unusually turbulent few days in Montana’s political scene – half of its congressional delegation abruptly retired. Despite the state’s recent tilt from purple to deep red, the races for their seats could be more in play now because of the way Senator Steve Daines and Congressman Ryan Zinke, both Republicans, gave up them up and chose their successors. In Daines’ case, he withdrew his candidacy just minutes before the filing deadline.
Like a lot of people in Butte, Carden is a longtime Democrat. But he says he’s grown disillusioned with party politics.
“I would rather everything be independent where there is no party designation and then you have to pay more attention to who the person actually is,” Carden says.
New Candidate opts to go independent
That’s exactly what Seth Bodnar, a former Green Beret running for U.S. Senate, is trying to capitalize on. He joined other candidates mixed in with Irish dancing troupes and fire department floats, as he walked the parade route along Park Street shaking the occasional hand and tossing candy.
In an interview with NPR earlier in Missoula, Bodnar, who recently resigned his post as University of Montana president, pitched what he says would be his bi-partisan appeal.
“I’m an independent,” Bondar says. “When I raised my right hand at the age of 18 and I swore an oath to this Constitution when I joined the military, not to a political party.”.
Person over party used to be the playbook in Montana, which some call just one long Main Street. It’s how former Senator Jon Tester used to win despite being a Democrat as the state got redder.
The day after Bodnar formally announced he was gathering signatures to get on the ballot, his long shot bid got taken a lot more seriously.
Sen. Steve Daines, who was elected to the Senate in 2014, sent shockwaves through the state’s political scene when he announced in a video posted to X that he’d decided not to seek reelection.
Sen. Steve Daines, R-Mont., speaks at the Senate Finance Committee confirmation hearing for Scott Bessent, President-elect Donald Trump’s choice to be Secretary of the Treasury, at the Capitol in Washington, Thursday, Jan. 16, 2025.
Ben Curtis/AP/AP
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“I’m also very thankful to have served alongside President Trump and my colleagues in the Senate,” Daines said in the video. “Together we built a conservative majority on the Supreme Court, we delivered the largest tax cut in U.S. history, we unleashed American energy dominance and secured our southern border.”
Daines’ late hour withdrawal presumably clears the way for his chosen successor, Kurt Alme, the U.S. Attorney for Montana until he declared his candidacy for Daines’ seat. Daines later said withdrawing earlier could have enticed a prominent Democrat like Tester to enter the race.
Independent Seth Bodnar says it reminds him of the Montana of old.
“We have direct election of senators in the United States in part because of political corruption in this state 125 years ago, Copper Kings trying to buy U.S. Senate seats,” Bodnar says. “That didn’t work back then and it’s not going to work right now.”
But Democrats say Bodnar’s entry as an independent will just split the liberal vote.
The GOP base is angry too
“Montanans are getting very indignant about what they see as out and out dishonesty,” says Roger Koopman, a former Republican legislator and Montana Public Service commissioner from Bozeman.
Koopman says the party establishment’s backroom dealing is a gift to Democrats and especially Seth Bodnar, who he says is a liberal running as an independent.
“They’re going to say, ‘hey, I’m over these Republicans playing games with me, you can’t do that and expect me to vote for you, I’m not going to vote Democrat, but here’s this guy out here who says he’s independent, let me give him a try,’” Koopman says.
Alme has been keeping a low profile. Political pundits say that might be by design. A campaign spokesperson sent NPR this statement: “Anyone could run for this seat. Kurt is running on his record as the Trump-endorsed candidate of common sense who knows how to be tough on violent crime, dismantle drug cartels, and deliver historic tax relief. Voters will decide, and Kurt is confident in his work serving Montana and helping President Trump put America First.”
At Montana State University, political science department chair Eric Austin says he expects party tensions will cool and Republicans will rally around their nominee by November.
“I think in part that speaks to the changes in the electorate in the state,” Austin says. “As the state has become more red, people have more strongly affiliated themselves with the Republican Party and less as independents.”
However, Austin says the midterms will be a referendum on President Trump and there’s growing economic anxiety in Montana. Farmers are getting hurt by Trump’s tariffs. His Iran War has sent fertilizer prices soaring, raised interest rates and the cost of gas.
Back in Butte, at the St. Paddy’s Day parade, longtime Democratic activist Evan Barrett says there’s a resurgence in populist resentment in Montana.
Longtime Montana Democratic party activist Evan Barrett at the St. Patrick’s Day parade in Butte, Montana, March 17 2026
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“It’s almost like a repetition of the past,” says Barrett, a one time economic aide to former Governor Brian Schweitzer.
Ducking into an old storefront to take a break from the spectacle of the parade, Barrett told NPR there’s a feeling in the electorate that a lot of outside money is coming into influence politics, but not staying in Montana and being invested into things like schools.
“So this is a really wild and different year,” Barrett says. “Anybody that tells you they know what’s gonna happen, well, be a bit skeptical.”
President Trump has endorsed last minute Senate candidate Kurt Alme but it’s not clear what kind of effect that might have on voters in November.
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Video: Savannah Guthrie Says She Believes Her Mother Was Taken for Ransom
new video loaded: Savannah Guthrie Says She Believes Her Mother Was Taken for Ransom
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Savannah Guthrie Says She Believes Her Mother Was Taken for Ransom
Savannah Guthrie spoke on the “Today” show in her first interview since her mother, Nancy Guthrie, was abducted from her home near Tuscon, Ariz.
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“The ransom note, notes for ransom requests came. Did you believe those to be real?” “The two notes that we received that we responded to — I tend to believe those are real.” “Really?” “We still don’t know. Honestly, we don’t know anything. We don’t know anything. So I don’t know that it’s because she’s my mom. But yeah, that’s probably — which is too much to bear to think that I brought this to her bedside, that it’s because of me. And I just say, I’m so sorry, Mommy. I’m so sorry. We need answers. We cannot be at peace without knowing. And someone can do the right thing. And it is never too late to do the right thing.”
By Christina Kelso
March 26, 2026
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