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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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US oil refiners gear up for comeback of Venezuelan crude

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US oil refiners gear up for comeback of Venezuelan crude

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US refiners are braced for a surge in Venezuelan crude that would make them early winners of President Donald Trump’s extraordinary plans for an energy-led regime change in Caracas.

Shares in America’s top refining groups jumped on Monday as traders bet their US Gulf Coast operations could snap up big volumes of Venezuelan heavy crude as Washington looks to ease sanctions and revive production.

Valero, the biggest US importer of Venezuelan crude, closed 9 per cent higher. Phillips 66 added 7 per cent and Marathon Petroleum 6 per cent. 

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“Our refineries in the Gulf Coast of the United States are the best in terms of refining the heavy crude,” said US secretary of state Marco Rubio on Sunday. “I think there will be tremendous demand and interest from private industry if given the space to do it.”

Trump this weekend touted the “tremendous amount of wealth” that could be generated by American oil companies returning to Venezuela’s oil sector after US forces captured President Nicolás Maduro and transported him to the US to face trial on drug-trafficking charges. 

That has sparked a burst of interest among energy investors keen to return to Venezuela — home to the biggest oil reserves in the world — decades after expropriations by Caracas led most to abandon the country. 

A flurry of executives was expected to arrive in Miami on Tuesday, where US energy secretary Chris Wright will pitch the benefits of channelling billions of dollars into reviving Venezuelan oil output, which has fallen from 3.7mn barrels a day in 1970 to less than 1mn b/d today as a result of chronic mismanagement, corruption and sanctions. 

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While any investment by US companies in rejuvenating Venezuelan oil production could take time, Gulf Coast refiners are well positioned to hoover up crude shipments as soon as sanctions are eased and more import permits are granted, something analysts say could happen quickly. 

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“Near-term, Gulf Coast refiners could be among the biggest winners of shifts that could occur here,” said Dylan White, principal analyst for North American crude markets at consultancy Wood Mackenzie. 

“The investment side of the coin in Venezuela is much more slow moving. It’s turning a very slow ship and it involves high-level decisions from a number of companies,” he said. “[But] sanctions policy changing in the US could change the economic benefits for US Gulf Coast refiners tomorrow.”

American refiners and traders import about 100,000-200,000 b/d of Venezuelan crude, down from 1.4mn b/d in 1997. Under current US sanctions, Chevron is the only American producer allowed to operate in the country and imports of Venezuelan crude are heavily restricted.

As much as 80 per cent of Venezuelan exports had been bound for China before the US imposed a naval embargo last month. Much of that could be quickly rerouted to the US if sanctions were lifted.

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“The natural proximal home for a lot of those Venezuelan heavy barrels would be the refining complex of the US Gulf Coast,” said Clayton Seigle, senior fellow at the Center for Strategic and International Studies, adding that the fact that the facilities were equipped to process Venezuelan heavy oil could explain “some of the short-term stock market reactions that we observed”.

Valero, Philips 66 and Marathon did not respond to requests for comment on their plans.

US refineries were largely set up before the shale revolution made America the world’s biggest oil producer. Almost 70 per cent of US refining capacity is designed primarily to handle the heavy grades common in Venezuela, Canada and Mexico rather than the light, sweet variety found in Texas oilfields, according to the American Fuel and Petrochemical Manufacturers.

Consultancy S&P Global Energy estimates that from 1990 to 2010, US refiners spent about $100bn on heavy crude processing capabilities, just before the fracking boom sent American production soaring.

“This finally gets some of the [return on investment] back,” said Debnil Chowdhury, Americas head of refining and marketing at S&P, of the potential for a return to significant imports of Venezuelan heavy oil.

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“We had a system that was kind of running de-optimised for the last 10-15 years. And this allows it to get a little bit closer to what it was designed for — which means slightly higher yields, higher margins.

“You get to basically use your asset more how it was designed because you’re getting the feedstock it was designed for.”

Data visualisation by Eva Xiao in New York

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Maduro seized, norms tested: Security Council divided as Venezuela crisis deepens

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Maduro seized, norms tested: Security Council divided as Venezuela crisis deepens

Why it matters: Council members are split over whether Washington’s move upholds accountability – or undermines a foundational principle of international order.  

Some delegations argue the action was exceptional and justified; others warn it risks normalising unilateral force and eroding state sovereignty.

Setting the tone, the UN Secretary-General cautioned that international peace and security rest on all Member States adhering to the UN Charter – language that framed a debate likely to expose deep and lasting divisions inside the chamber in New York – all as the Venezuelan leader appeared in a downtown federal courtroom just a few miles away.

US Ambassador Michael Waltz addresses the Security Council.

US: Law-enforcement operation, not war

The United States rejected characterisations of its actions as military aggression, describing the operation as a targeted law enforcement measure facilitated by the military to arrest an indicted fugitive.

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Ambassador Michael Waltz said:

  • Nicolás Maduro is not a legitimate head of State following disputed 2024 elections.
  • Saturday’s operation was necessary to combat narcotics trafficking and transnational organised crime threatening US and regional security.
  • Historical precedents exist, including the 1989 arrest of Panama’s former leader Manuel Noriega.

“There is no war against Venezuela or its people. We are not occupying a country,” he said. “This was a law-enforcement operation in furtherance of lawful indictments that have existed for decades.”

Venezuelan Ambassador Samuel Moncada addresses the Security Council meeting.

Venezuelan Ambassador Samuel Moncada addresses the Security Council.

Venezuela: Sovereignty violated; a dangerous precedent

Venezuelan Ambassador Samuel Moncada described his country as the target of an illegitimate armed attack lacking any legal justification, accusing the US of bombing Venezuelan territory, the loss of civilian and military lives, and the “kidnapping” of President Nicolás Maduro and First Lady Cilia Flores.

“We cannot ignore a central element of this US aggression,” he said. “Venezuela is the victim of these attacks because of its natural resources.”

Calling on the Council to act under its Charter mandate, he urged that:

  • The US be required to respect the immunities of the president and his wife and ensure their immediate release and safe return;
  • The use of force against Venezuela be clearly and unequivocally condemned;
  • The principle of non-acquisition of territory or resources by force be reaffirmed; and
  • Measures be adopted to de-escalate tensions, protect civilians and restore respect for international law.

Article 2 of the UN Charter in a nutshell

The ground rules for global cooperation 

Article 2 lays out the core principles that guide how countries work together under the United Nations. Here’s what it means:

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  • Equality for all nations: Every Member State, big or small, is treated as an equal.
  • Keep your promises: Countries must honour the commitments they made when joining the UN.
  • Peaceful problem-solving: Disputes should be settled without violence, to protect peace and justice.
  • No force or threats: Nations must not use force or threaten others’ independence or territory.
  • Support the UN’s actions: Members should help the UN when it acts to maintain peace—and never assist those opposing it.
  • Influence beyond membership: Even non-member States should follow these principles when peace and security are at stake.
  • Hands off domestic affairs: The UN cannot interfere in a country’s internal matters – except when enforcing peace under Chapter VII, which deals with actions to preserve international peace and security.

Read more about the UN Charter here.

Concern over use of force

Several Council members and others invited to take part expressed deep concern over the US military action, grounding their positions firmly in the UN Charter.

Colombia, Brazil, Mexico, Chile and Panama, underscored their region’s long-standing declaration as a zone of peace and warned that unilateral military action risked destabilising the Western hemisphere and aggravating displacement flows.

  • Colombia, in its first intervention as an elected Council member, rejected “any unilateral use of force” and cautioned that civilians invariably pay the highest price.
  • Brazil said the bombing and seizure of a head of State crossed an “unacceptable line,” warning of the erosion of multilateralism.
  • Mexico stressed that externally imposed regime change violates international law regardless of political disagreements.

Ambassadors also cited a worrying human rights situation inside Venezuela and the suffering of civilians, highlighting the need to ensure compliance with international law:

  • The United Kingdom highlighted years of suffering endured by Venezuelans – poverty, repression and mass displacement – while underscoring that respect for the UN Charter and the rule of law is essential for global peace and security.
  • Denmark and France acknowledged the imperative to combat organised crime and protect human rights – but warned that counter-narcotics efforts and accountability must be pursued through lawful, multilateral means.
A wide view of the United Nations Security Council meeting discussing threats to international peace and security, specifically regarding the situation in Venezuela.

A wide view of the Security Council meeting on the situation in Venezuela.

Regional voices backing US action

A smaller group of countries from the region took a different view.

  • Argentina praised the US operation as a decisive step against narcotics trafficking and terrorism, arguing that the operation and Mr. Maduro’s removal could open a path toward restoring democracy, the rule of law and human rights in Venezuela.
  • Paraguay also welcomed Mr. Maduro’s removal, calling for the immediate restoration of democratic institutions and the release of political prisoners, while urging that the transition proceed through democratic means.

Charter credibility at stake

Russia and China delivered some of the strongest criticism, characterising the US action as armed aggression and warning against the normalisation of unilateral force.

This position was echoed by countries beyond the Americas – including South Africa, Pakistan, Iran and Uganda – which warned the selective application of international law risks undermining the entire collective security system.

Representatives of Moscow and Beijing called for the immediate release of President Maduro and stressed the inviolability of head-of-State immunity under international law, framing the situation as a test of whether Charter principles apply equally to all States.

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Broadcast of the Security Council meeting regarding the situation in Venezuela.
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Video: Welcome to Rennie Harris’s Dance Floor

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Video: Welcome to Rennie Harris’s Dance Floor

new video loaded: Welcome to Rennie Harris’s Dance Floor

The acclaimed hip-hop choreographer Rennie Harris’s production “American Street Dancer” brought Detroit Jit, Chicago Footwork and Philly GQ to the stage. We invited cast members to showcase the three street dance styles.

By Chevaz Clarke and Vincent Tullo

January 5, 2026

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