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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: How Trump Is Prioritizing White People as Refugees
new video loaded: How Trump Is Prioritizing White People as Refugees
By Zolan Kanno-Youngs, Gilad Thaler, Stephanie Swart, Jon Miller and Whitney Shefte
May 8, 2026
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UFO files spanning decades are released by Defense Department
An image recorded on the Moon during the Apollo 12 mission in 1969 shows the shadows of astronauts, along with a highlighted area above the horizon showing “unidentified phenomena,” according to the Defense Department.
NASA/via Defense Department
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NASA/via Defense Department
Cold War reports of mysterious rotating saucers; recent sightings of metallic elliptical objects floating in mid-air. Those and other reports of unidentified anomalous phenomena or UAPs — the military’s term for UFOs — are described in a trove of documents released by the Department of Defense on Friday.
In all, the Pentagon released more than 160 records, citing President Trump’s call for unprecedented transparency in giving the public access to federal and military records related to unexplained encounters with strange phenomena.
President Trump said via Truth Social that with the documents and other records available to the public, “the people can decide for themselves, ‘WHAT THE HELL IS GOING ON?’ Have Fun and Enjoy!”
The records are posted to a specialized web portal, war.gov/info, which will house additional files as they’re released on a rolling basis.
“These files, hidden behind classifications, have long fueled justified speculation — and it’s time the American people see it for themselves,” Defense Secretary Pete Hegseth said in a Defense Department posting on Facebook as it made the files public.
Friday’s action “is the first in what will be an ongoing joint declassification and release effort,” Director of National Intelligence Tulsi Gabbard said.
One document cites unusual phenomena arising during the debriefing of the Apollo 11 technical crew in July of 1969, attributing three observations to astronaut Buzz Aldrin, from that lunar mission: “one, an object on the way out to the Moon; two, flashes of light inside the cabin; and three, a sighting on the return trip of a bright light tentatively assumed by the crew to be a laser.”
One of the oldest files dates from November 1948. The report from the U.S. Air Force Directorate of Intelligence is marked Top Secret, and it notes recurring instances of unidentified objects spotted in the skies over Europe.
“They have been reported by so many sources and from such a variety of places that we are convinced that they cannot be disregarded,” the report states, “and must be explained on some basis which is perhaps slightly beyond the scope of our present intelligence thinking.”
The report goes on to say that U.S. officers consulted their peers in Sweden’s intelligence service about the objects, and they were told, “these phenomena are obviously the result of a high technical skill which cannot be credited to any presently known culture on earth.”
That document is seemingly free of redactions. But many details in a more recent entry are obscured, as it relays the account of a woman with deep experience with U.S. military aircraft and drones who reported an inexplicable sighting in September of 2023, in an area where airspace had been closed for testing purposes.
Materials related to that incident include a composite sketch of an ovaloid metallic object floating above a treeline, with a bright light at one end of the object.
“They watched the object for five to ten seconds and then the object just disappeared,” the report states.
Several people in at least two cars corroborated the sighting, according to the report. It states that the unidentified woman who spoke to the FBI ” would not have reported the object if she had seen it by herself.”
And hinting at the stigma that is seen as a prevalent challenge to collecting and discussing such eyewitness accounts, the report states, “Several of her co-workers subsequently made fun of her due to her report.”
Some records include venerable witnesses — such as a well-known case in 1955, when a group led by then-Sen. Richard Russell, who chaired the Senate Armed Services Committee at the time, reported that they saw two strange objects from the window of a train in the former Soviet Union. The group, which included U.S. Army Lt. Col. E. U. Hathaway, reported seeing what looked to be “flying disc aircraft.”
The U.S. Air Attache who prepared the report describes the witnesses as “excellent sources.”
That 1955 sighting was described in records previously released by the CIA. But that report, based on a cable received from the U.S. Air Force, seems to have been partially redacted.
The report of the unidentified object isn’t the only bit of intelligence that the American visitors brought back: the folder also includes descriptions and a diagram of a jet bomber, and accounts of a railroad switching system designed to resolve the differing widths of Russian and Czech train tracks.
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Democratic Candidates and Voters Challenge Tennessee’s New Map
A coalition of voters and Democratic candidates sued Tennessee officials in federal court late Thursday over its new congressional map, arguing that it was unconstitutional to implement new district lines this close to the state’s August primary.
It was the latest twist in the aftermath of a Supreme Court ruling last week on the Voting Rights Act that declared congressional districts in Louisiana to be an unconstitutional racial gerrymander. The ruling set off a frenetic scramble in Tennessee and several other Republican-led states to redraw their districts for partisan advantage on the assumption that they are no longer required to preserve Black majority districts.
The Republican supermajority in the Tennessee General Assembly muscled through a new congressional map on Thursday that carves up the majority-Black city of Memphis, home to the state’s lone Democratic-held seat.
The lawsuit and its outcome took on heightened stakes after the Virginia Supreme Court on Friday struck down a voter-approved map that created four Democratic-leaning districts in the state. If Tennessee’s map holds — and if other Southern states approve new maps that dilute majority-Black seats held by Democrats — Republicans will have established a structural advantage across multiple districts ahead of the 2026 midterm elections.
“Changing the rules midstream will create chaos for voters and throw communities into upheaval,” Rachel Campbell, the chairwoman of the Tennessee Democratic Party, which is also part of the lawsuit, said in a statement. “We will fight these racially gerrymandered maps tooth and nail because the future of democracy in Tennessee, across the South, and throughout this nation depends on it.”
The lawsuit centers on the constitutional right to vote under the First and Fourteenth Amendments, and it argues that both the voters’ and candidates’ constitutional rights were harmed by changes to the congressional map that undermined months of campaigning and voter education based on the old map.
The lawsuit also references a legal doctrine known as the Purcell principle. That principle, stemming from a contested 2006 Supreme Court ruling in Purcell v. Gonzalez, discourages changes to voting rules and procedures close to elections.
The lawsuit was filed overnight by a cluster of voters, as well as four Democratic candidates: Representative Steve Cohen of Memphis, whose district was divided up among three new Republican-leaning districts; State Representative Justin J. Pearson, who had challenged Mr. Cohen for the Memphis seat; Mayor Chaz Molder of Columbia, a lead challenger to Representative Andy Ogles in what was once a solely Middle Tennessee seat; and Chaney Mosely, a candidate for a Nashville-area seat.
A second lawsuit is already underway in state court, filed Thursday afternoon by the NAACP Tennessee State Conference.
Spokeswomen for Gov. Bill Lee, a Republican, and Attorney General Jonathan Skrmetti did not immediately respond to requests for comment. The lawsuit also names Tre Hargett, the secretary of state, and Mark Goins, the Tennessee coordinator of elections, in their official positions. A spokeswoman for the secretary of state’s office declined to comment, citing the ongoing litigation.
In their brief filed before the district court for the Middle District of Tennessee, the candidates and voters argue that the sudden shift of the congressional districts just months before the primary “will wreak chaos on the electorate, will cause significant voter confusion” and will affect election officials’ ability to administer the election. They asked the court to stop the implementation of the map before the 2026 election.
Tennessee was the first state to draft and approve a map after the Supreme Court’s ruling raised the bar for challenging district lines under the Voting Rights Act. Within a week, Mr. Lee summoned lawmakers to Nashville for a special session, and Republican leaders had drawn and approved a new map that gives the party an advantage toward electing an entirely Republican congressional delegation.
The map carved up the Ninth Congressional District, where two-thirds of the voting-age population is Black, into thirds, most likely eliminating the state’s lone Democrat-leaning district. It also moved district lines around the Nashville area in an apparent bid to shore up Mr. Ogles.
Candidates now have until noon on May 15 to file papers with the secretary of state’s office. Those who already qualified may remain in the new district with the same number. At least one Republican, State Senator Brent Taylor, has already announced his candidacy for the new Ninth Congressional District.
All four congressional candidates on the suit warned that they would have to “to expend more resources identifying, associating with, and campaigning to voters who live in the newly-enacted district.”
They also pointed to litigation filed in February 2022 after a new map of State House and State Senate districts that year was challenged, prompting a push to delay the qualifying date from April to May. At the time, Tennessee officials argued against moving the qualifying date. The State Supreme Court agreed.
Seamus Hughes and Katherine Chui contributed research.
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