A second transparency organization is pressing U.S. District Judge Aileen Cannon to decide whether the public should see special counsel Jack Smith’s complete Mar-a-Lago investigation report, challenging an injunction that has blocked its release for 171 days.
American Oversight filed a notice Thursday highlighting the 90-day delay since its last motion, joining the Knight First Amendment Institute in demanding action on the sealed document. The legal battle stems from Judge Cannon’s January 21 order preventing disclosure of Volume II of Smith’s report, which investigated former President Donald Trump’s handling of classified documents.
At the time, Cannon cited the pending appeals of Trump associates Waltine Nauta and Carlos De Oliveira, stating public release could jeopardize their “due process rights to a fair trial.” However, both defendants reached dismissal agreements with the Justice Department just eight days later, with charges formally dropped by February 11.
American Oversight argues the injunction no longer serves its original purpose, as Nauta and De Oliveira face no further prosecution. “The Order was entered to protect the rights of individuals who were then facing a live criminal appeal and possible trial; they no longer face either,” the group stated in an April motion.
The nonprofit contends the continued secrecy unlawfully blocks its Freedom of Information Act (FOIA) rights, adding that the DOJ is exploiting the order to withhold materials from a separate New York Times lawsuit. The Justice Department opposes lifting the injunction, insisting third-party intervention in a closed criminal case is inappropriate.
In a March filing, prosecutors argued that even if Cannon reconsidered, Attorney General Pam Bondi—not the court—should determine the report’s release. “This Court should not expand the class” of exceptions allowing outside groups to intervene, the DOJ wrote. With dual pressures from American Oversight and the Knight Institute, Cannon faces mounting scrutiny over the delayed ruling.
As transparency advocates warn of indefinite obstruction, the judge’s next move could determine whether the public ever sees the full account of one of the most consequential investigations of the Trump presidency. “American Oversight respectfully notifies the Court that its Motion to Intervene is ripe for adjudication,” Thursday’s filing emphasized—a procedural nudge that may force Cannon’s hand after nearly six months of judicial limbo. The standoff continues as watchdog groups demand answers about why a resolved case still keeps critical documents hidden.