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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 planning to seize Iran-linked ships in coming days, WSJ says | The Jerusalem Post

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US planning to seize Iran-linked ships in coming days, WSJ says | The Jerusalem Post

The US is planning to board and seize Iran-linked oil tankers and commercial ships in the coming days, according to a Saturday report by The Wall Street Journal.

The report noted that these actions would take place in international waters, potentially outside of the Middle East.

The US “will actively pursue any Iranian-flagged vessel or any vessel attempting to provide material support to Iran,” US Chairman of the Joint Chiefs of Staff Gen. Dan Caine said. “This includes dark fleet vessels carrying Iranian oil.”

“As most of you know, dark fleet vessels are those illicit or illegal ships evading international regulations, sanctions, or insurance requirements,” Caine continued.

Caine was further quoted as saying that the new campaign, which would be operated in part by the US Indo-Pacific Command, would be part of a broader US President Donald Trump-led campaign against Iran, known as “Economic Fury.”

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 White House spokeswoman Anna Kelly told the WSJ that Trump was “optimistic” that the new measures would lead to a peace deal.

The potential US military action comes as Iran tightens its grip on the Strait of Hormuz, including attacking several ships earlier on Saturday, the WSJ reported.

The report cited CENTCOM as saying that the US has already turned back 23 ships trying to leave Iranian ports since the start of its blockade on the Strait.

The expansion of naval action beyond the Middle East will provide the US with further leverage against Iran by allowing it to take control of a greater number of ships loaded with oil or weapons bound for Iran, the report noted.

“It’s a maximalist approach,” said associate professor of law at Emory University Law School Mark Nevitt. “If you want to put the screws down on Iran, you want to use every single legal authority you have to do that.”

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Iran claimed earlier on Saturday that it had regained military control over the Strait, intending to hold it until the US guarantees full freedom of movement for ships traveling to and from Iran.

“As long as the United States does not ensure full freedom of navigation for vessels traveling to and from Iran, the situation in the Strait of Hormuz will remain tightly controlled,” the Iranian military stated.

In addition, Iranian Supreme Leader Mojtaba Khamenei declared on Saturday in an apparent message on his Telegram channel that the Iranian navy is prepared to inflict “new bitter defeats” on its enemies.

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Video: The Origins of the Supreme Court’s Shadow Docket

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Video: The Origins of the Supreme Court’s Shadow Docket

new video loaded: The Origins of the Supreme Court’s Shadow Docket

Secret memos obtained by The New York Times illuminate the origins of the Supreme Court’s shadow docket. Our reporter Jodi Kantor explains what these documents reveal about the court.

By Jodi Kantor, Alexandra Ostasiewicz, June Kim and Luke Piotrowski

April 18, 2026

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What’s it like to negotiate with Iran? We asked people who have done it

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What’s it like to negotiate with Iran? We asked people who have done it

A Pakistani Ranger walks past a billboard for the U.S.-Iran peace talks in Islamabad on April 12, 2026. The talks, led by Vice President JD Vance, produced no concrete movement toward a peace deal.

Farooq Naeem/AFP via Getty Images


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Farooq Naeem/AFP via Getty Images

Despite stalled talks with Iran and a fragile ceasefire nearing its end, President Trump expressed optimism this week that a permanent deal is within reach — one that may include Iran relinquishing its enriched uranium. However, experts who spent months negotiating a nuclear agreement during the Obama administration say mutual mistrust, starkly different negotiating styles make a quick truce unlikely.

Referring to Vice President Vance’s whirlwind negotiations in Islamabad last week that appear to have produced little beyond dashed expectations, Wendy Sherman, the lead U.S. negotiator on the Joint Comprehensive Plan of Action (JCPOA) nuclear deal finalized in 2015, says the administration’s approach was all wrong.

“You cannot do a negotiation with Iran in one day,” she told NPR’s Here & Now earlier this week. “You can’t even do it in a week.” To get agreement on the JCPOA, she said, it took “a good 18 months.”

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The talks leading to that deal highlighted Iran’s meticulous style of negotiation, says Rob Malley, who was also part of the JCPOA negotiating team and later served as a special envoy to Iran under President Joe Biden.

Summing up the two sides’ differing styles, Malley said: “Trump is impulsive and temperamental; Iran’s leadership [is] stubborn and tenacious.”

U.S. Secretary of State John Kerry speaks during a news conference on the Iran nuclear talks deal at the Austria International Centre in Vienna, Austria on July 14, 2015.

U.S. Secretary of State John Kerry speaks during a news conference on the Iran nuclear talks deal at the Austria International Centre in Vienna, Austria on July 14, 2015.

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In 2015, patience led to a deal

The talks in 2015, led by Secretary of State John Kerry and Iran’s Foreign Minister Mohammad Javad Zarif, culminated with a marathon 19-day session in Vienna to finish the deal, says Jon Finer, a former U.S. deputy national security adviser in the Biden administration. Finer was involved in the negotiations as Kerry’s chief of staff. He said his boss’s patience “was a huge asset” in getting the deal to the finish line, he said.

Mohammad Javad Zarif, Iran's foreign minister during the negotiations for the Obama-era nuclear deal, speaks on April 22, 2016 in New York.

Mohammad Javad Zarif, Iran’s foreign minister during the negotiations for the Obama-era nuclear deal, speaks on April 22, 2016 in New York.

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“He would endure lectures … ‘let me tell you about 5,000 years of Iranian civilization’… and just keep plowing ahead,” Finer said, adding that a tactic of Iranian negotiators seemed to be “to say no to everything and see what actually matters” to the U.S.

“They’re just maddeningly difficult,” he said. “You need to go back at the same issue 10 or 12 times over weeks or months to make any progress.”

Even so, Finer called the Iranian negotiators “extremely capable” — noting that, unlike the U.S., they often lacked expert advisers “just outside the room,” yet still mastered the details of nuclear weapons, nuclear materials and U.S. sanctions.

“They were also negotiating not in their first language,” Finer added. “The documents were all negotiated in English, and they were hundreds of pages long with detailed annexes.”

Vance’s trip to Islamabad suggests that the U.S. doesn’t have the patience for a negotiation to end the conflict that could be at least as complex and time-consuming. “The Trump administration came in with maximalist demands and actually just wanted Iran to capitulate,” Sherman, who served as deputy secretary of state during the Biden administration, told Here & Now. “No nation – even one as odious as the Iran regime – is going to capitulate.”

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Distrust but verify

Iran was attacked twice in the past year. First in June of last year, as nuclear negotiations were ongoing, Israel and the U.S. struck the country’s nuclear facilities. Months later, at the end of February, Iran was attacked again at the start of the latest conflict. This time around, “the level of trust is probably almost at an all-time low,” Malley said.

“It’s hard for them to take at their word what they’re hearing from U.S. officials,” Malley said. The Iranians, he said, have to be wondering how long any commitment will last and “will be very hesitant to give up something that’s tangible” – such as their enriched uranium – in exchange for anything that isn’t ironclad or subject to suddenly be discarded by Trump or some future president.

“Once they give up their stockpile … they can’t recapture it the next day,” Malley said.

Even during the 2013-2015 nuclear deal talks, the decades of mistrust between Tehran and Washington were impossible to ignore, Finer said. “Our theory was not trust but verify — it was distrust but verify,” he said, adding: “I think that was their theory too.”

Malley cautions about relying on the JCPOA as a guide to how peace talks to end the current war might go. The leadership in Tehran that agreed to the deal is now gone — killed in Israeli airstrikes, he says. The regime’s military capabilities are also greatly diminished and “whatever lessons were learned in the past … have to be viewed with a lot of caution, because so much has changed,” he said.

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Negotiations have a leveling effect

Mark Freeman, executive director of the Institute for Integrated Transitions, a peace and security think tank based in Spain that advises on conflict negotiations, says several factors shape the U.S.-Iran relationship. Going into talks, one side always has the upper hand, he says, but negotiations have a leveling effect. “The weaker party gains just by virtue of entering into a negotiation process,” he said.

Each side is looking for leverage, he adds.

In Iran’s case, it has used its closure of the Strait of Hormuz to exert such leverage, while the White House has shown an eagerness to resolve the conflict quickly. “If one side perceives the other needs an agreement more … that shapes the entire negotiation,” he said.

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