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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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Inside Trump’s Touring Exhibition of American Heroes

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Inside Trump’s Touring Exhibition of American Heroes

Video by Zack Wittman for The New York Times

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The museums, designed by conservative nonprofits and Trump appointees, tell the story of early America, from colonization to revolution. The one exhibition looking beyond the early years is the “Wall of American Heroes.” It is a list of 51 people, chosen to illustrate 250 years of American history.

A White House spokesman said they were “individuals who shaped this nation’s history, culture and spirit across generations.”

The people pictured on this national honor roll — and the people left out — help illustrate what this administration sees as the highlights of American history.

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Amid the administration’s efforts to reshape the nation’s relationship with its past, Trump appointees heavily weighted the list toward a single era of American history — and a few specific kinds of hero.

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MOUNT RUSHMORE, 1927

1936-1937

1933-1934

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1939

MOUNT RUSHMORE, 2025

Some of those featured are American icons who would be on just about anyone’s list of the country’s heroes. Many are already honored with monuments, holidays or their faces on coins.

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Photo cards show Harriet Tubman, Martin Luther King Jr., the Wright Brothers, Susan B. Anthony, Clara Barton and Sacagawea.

But nine of the 51 people fit one surprising mold: They were all in show business in the 1960s.

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Photo cards show John Wayne, Jimmy Stewart, Johnny Cash, Frank Sinatra, Aretha Franklin, Walt Disney, Irving Berlin, Elvis Presley and Louis Armstrong.

The list also focuses on just one of America’s wars. All four people shown in military uniform served in World War II.

Photo cards show George S. Patton, Louis Zamperini, Audie Murphy and Grace Hopper.

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All four religious leaders on the wall are Christian.

The wall also features some of the wealthiest people of their time.

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Cards show Steve Jobs, John D. Rockefeller, Andrew Carnegie and Henry Ford.

Tens of millions of people have immigrated to America in the past 250 years. But the “Wall of American Heroes” includes only four immigrants, all white men born in the 19th century.

Photo cards show Irving Berlin, Alexander Graham Bell, Andrew Carnegie and Albert Einstein.

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The center of the display includes a long quotation by President Trump.

A wall featuring 51 photographs of people, with the space in the middle dedicated to a quotation from President Trump.

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The other exhibitions in the Freedom Trucks were crafted by a pair of conservative nonprofits, PragerU and Hillsdale College. But the “Wall of American Heroes” was created by Freedom 250, a nonprofit effort whose leaders were chosen by President Trump and that was created to lead the planning of celebrations of the nation’s 250th birthday, overshadowing a bipartisan congressional commission.

A spokeswoman for Freedom 250 said Mr. Trump was not directly involved in the selection of those featured.

But the list clearly tracks Mr. Trump’s own lifetime and the heroes of the conservative political movement.

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In May, a Freedom Truck stopped at the Villages Public Library in Wildwood, Fla. Zack Wittman for The New York Times

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The wall’s tilt toward heroes of the baby boomer generation, for instance, extends beyond Hollywood stars and musicians. Of the four religious leaders on the list, two — Archbishop Fulton Sheen and the Rev. Billy Graham — also appeared on TV regularly in the 1950s and 1960s. The only painter on the list is Norman Rockwell, known for his idealized depictions of American life in that period.

By contrast, there is only a handful of figures from the first decades of American independence.

“That’s a disservice, if your intention is to present the last 250 years,” said Sarah Weicksel, the executive director of the American Historical Association. “Because all of the people on this list are building on the work and struggles and progress that was made by the people in the 150 years prior.”

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The “Wall of American Heroes” was inspired by a similar display in a traveling museum created by the State of Virginia. But Virginia’s display celebrates little-known historical figures.

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Virginia’s display of heroes highlights little-known figures. Jason Andrew for The New York Times

Mr. Trump’s, by and large, celebrates people who are already well-known — and, often, people who were famous in their own time. For example, it praises P.T. Barnum, a circus impresario who used hoaxes and freak shows to draw crowds. The wall calls him an “icon of American sensationalism.”

The spokeswoman for Freedom 250 said that many of the names on the wall were drawn from a list of 250 people that Mr. Trump wants to include in a “Garden of American Heroes” in Washington.

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The spokeswoman declined to say what criteria were used to narrow down the list.

The only president whose name appears on the wall — not on the list of heroes, but alongside his quotation — is Mr. Trump himself.

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Explore the Wall of Heroes

Navigate the display by dragging from side to side.

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Zack Wittman for The New York Times

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GOP Rep. Tom Kean, missing from Congress for months, set to return on June 30

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GOP Rep. Tom Kean, missing from Congress for months, set to return on June 30

Washington — Republican Rep. Tom Kean Jr. of New Jersey will return to Congress on June 30, his spokesperson said, after being away since March in an unexplained absence that has confounded Capitol Hill.

“Congressman Kean is eager to return to in person work on June 30 and resume a full schedule,” Kean’s spokesperson, Harrison Neely, told CBS News on Thursday. The New Jersey Globe first reported on his return date. 

Kean’s whereabouts since he last voted on March 5 have not been disclosed. When he first made a statement about the absence in late April, the New Jersey Republican said he was addressing a “personal medical issue.” 

Kean said earlier this month that he would return to Washington within a matter of weeks, at which point he would provide more details about his health.

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“Right now I am focused on my recovery and under the advice of healthcare professionals, I will transition from virtual work to in person work within a matter of weeks. At that time I will be completely transparent as to the nature of my medical condition,” Kean said in a June 2 statement released by his campaign.

The statement came hours before polls closed in New Jersey’s GOP primary for his seat, in which he ran unopposed. 

He has missed more than 130 votes during his absence.

House Speaker Mike Johnson told reporters earlier this month that he had recently spoken with Kean. Johnson said he was aware of the health issue, but would not disclose the details. 

“What he’s dealing with is not very common and not a big thing,” Johnson said.

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Video: Obama Presidential Center Opens in Chicago

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Video: Obama Presidential Center Opens in Chicago

new video loaded: Obama Presidential Center Opens in Chicago

The grand opening for the Obama Presidential Center is on Thursday. Several celebrities and four living presidents, excluding President Trump, are expected to attend.

By Shawn Paik

June 18, 2026

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