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Defense Lawyers Seek to Block Special Counsel Report in Trump Documents Case

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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.

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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.

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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.

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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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Map: Minor Earthquake Strikes Southern California

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Map: Minor Earthquake Strikes Southern California

Note: Map shows the area with a shake intensity of 4 or greater, which U.S.G.S. defines as “light,” though the earthquake may be felt outside the areas shown.  All times on the map are Pacific time. The New York Times

A minor earthquake with a preliminary magnitude of 3.3 struck in Southern California on Thursday, according to the United States Geological Survey.

The temblor happened at 8:12 p.m. Pacific time about 6 miles northeast of Yucaipa, Calif., data from the agency shows.

As seismologists review available data, they may revise the earthquake’s reported magnitude. Additional information collected about the earthquake may also prompt U.S.G.S. scientists to update the shake-severity map.

Aftershocks in the region

An aftershock is usually a smaller earthquake that follows a larger one in the same general area. Aftershocks are typically minor adjustments along the portion of a fault that slipped at the time of the initial earthquake.

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Quakes and aftershocks within 100 miles

Aftershocks can occur days, weeks or even years after the first earthquake. These events can be of equal or larger magnitude to the initial earthquake, and they can continue to affect already damaged locations.

When quakes and aftershocks occurred

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Source: United States Geological Survey | Notes: Shaking categories are based on the Modified Mercalli Intensity scale. When aftershock data is available, the corresponding maps and charts include earthquakes within 100 miles and seven days of the initial quake. All times above are Pacific time. Shake data is as of Thursday, Oct. 23 at 11:16 p.m. Eastern. Aftershocks data is as of Friday, Oct. 24 at 1:12 a.m. Eastern.

Maps: Daylight (urban areas); MapLibre (map rendering); Natural Earth (roads, labels, terrain); Protomaps (map tiles)

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Trump backs away from sending federal agents to San Francisco | CBC News

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Trump backs away from sending federal agents to San Francisco | CBC News

Donald Trump will not deploy federal agents to San Francisco, the U.S. president and the city’s mayor said in separate social media posts on Thursday, a surprising stand-down as Trump pressures Democratic-led cities around the country to step up enforcement against crime and illegal immigration.

San Francisco Mayor Daniel Lurie, a Democrat, said in a post on X that Trump called him Wednesday night to tell him he was calling off any plans for a federal deployment.

Lurie said the city would continue to partner with federal agencies to combat drug crime, but that “militarized immigration enforcement” would not help.

“We appreciate that the president understands that we are the global hub for technology, and when San Francisco is strong, our country is strong,” Lurie said.

Trump confirmed the agreement in a post on Truth Social, saying the federal government had been preparing a surge in San Francisco but would cancel it.

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“I spoke to Mayor Lurie last night and he asked, very nicely, that I give him a chance to see if he can turn it around,” Trump said. “The people of San Francisco have come together on fighting Crime, especially since we began to take charge of that very nasty subject.”

The Republican president said two major tech executives — Nvidia CEO Jensen Huang and Salesforce CEO Marc Benioff — had called him “saying that the future of San Francisco is great.”

Trump had indicated San Francisco would be a next stop for National Guard troops he was sending to various U.S. Democratic-led cities, moves that have been challenged in courts.

The San Francisco Chronicle reported on Wednesday that the Trump administration would send more than 100 federal agents to the city to ramp up immigration enforcement.

WATCH | Trump threatens ‘dangerous’ U.S. cities:
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Trump decries ‘enemy from within,’ threatens to train military in U.S. cities

U.S. President Donald Trump threatened to use ‘dangerous’ U.S. cities as training grounds for the military at a rare meeting of top military officials where he and U.S. Defence Secretary Pete Hegseth took aim at what they called ‘woke’ military standards.

Protest against federal deployment

Despite the apparent stand-down, a handful of U.S. Border Patrol vehicles arrived at a U.S. Coast Guard base in the Bay Area on Thursday morning and were met with several hundred protesters.

Demonstrators carried signs reading “Stop the kidnappings” and “Protect our neighbours,” with one protester smacking the window of a truck as it passed by.

Federal agents eventually used less-lethal rounds to disperse the crowd, with protesters saying one person was injured by a projectile and that another had their foot run over.

Two uniformed law enforcement officers hold a man, wearing a black hoodie, face covering and sunglasses, on the ground.
Police officers detain a demonstrator as people protested against the arrival of federal agents at the Coast Guard base in Alameda on Thursday. (Manuel Orbegozo/Reuters)

Oakland Mayor Barbara Lee, the former member of Congress and civil rights activist, said in televised remarks that a federal deployment would divide and intimidate.

“We will not allow outsiders to create chaos or exploit our city,” said Lee, a Democrat.

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Trump aims to deport record numbers of immigrants in the U.S. illegally, portraying them as criminals and a drain on U.S. communities.

Democrats in major U.S. cities have criticized the crackdown, saying it has terrorized law-abiding residents, separated families and hurt businesses.

Trump has long highlighted what he views as rampant crime in San Francisco and had signalled in recent weeks that he would send federal agents there.

“We’re going to San Francisco and we’ll make it great,” Trump told Fox News on Sunday.

WATCH | National Guard in Portland:
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Video: Inside Our Reporter’s Collection of Guantánamo Portraits

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Video: Inside Our Reporter’s Collection of Guantánamo Portraits

new video loaded: Inside Our Reporter’s Collection of Guantánamo Portraits

Carol Rosenberg, a reporter who has covered the U.S. military prison at Guantánamo Bay since it opened in 2002, describes a collection of stylized portraits of its detainees in the war against terrorism. The photos were taken as part of a Red Cross program for the detainees to communicate with their families.

By Carol Rosenberg, Laura Bult, Coleman Lowndes, Stephanie Swart, June Kim and Zach Caldwell

October 23, 2025

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