Judge Aileen Cannon Maintains Gag Order on Special Counsel’s Report, Shielding FBI Director Nominee Kash Patel from Scrutiny 

Federal District Court Judge Aileen Cannon has rejected American Oversight’s request to expedite a motion to lift her gag order barring release of Special Counsel Jack Smith’s report into President Trump’s alleged mishandling of classified documents. The report is expected to contain information about Kash Patel, President Trump’s nominee to lead the Federal Bureau of Investigation (FBI), including whether he misled the public in claiming Trump declassified documents before leaving office.  

Despite the report potentially containing critical information about Patel, and with his Senate confirmation vote imminent, Judge Cannon determined there was an “insufficient basis” to expedite her decision on whether to lift her gag order.

“The notion that there’s an ‘insufficient basis’ to act quickly on our request is completely divorced from reality. In the next 24 hours, the Senate will vote to confirm Kash Patel, who has openly declared his intent to use the FBI to go after his and the President’s perceived political opponents,” said Chioma Chukwu, interim Executive Director at American Oversight. “The stakes couldn’t be higher, nor could the justification for expedited action be more evident. This report must be released before the Senate’s final vote — the security of our nation depends on it.”

Last week, American Oversight submitted a motion in the now-defunct federal criminal case against Trump and two co-defendants, asking Judge Cannon to confirm that her Jan. 21 order barring the Department of Justice (DOJ) from releasing Volume Two of Special Counsel Jack Smith’s report expired when all remaining criminal charges were dismissed in January, or to lift the order.

Now, even though the rights of those defendants are no longer at stake, Judge Cannon maintains that her gag order remains in effect until DOJ and Trump’s co-conspirators “advise on their position” on the order — resulting in further delays for the release of the report. 

On Feb. 12, Trump’s nominee for the No. 2 position at the Department of Justice, Todd Blanche, testified before the Senate that he would oppose the public release of the Special Counsel’s report, which makes the lifting of the order all the more urgent. 

Judge Cannon’s ruling follows multiple attempts by American Oversight to seek release of Volume Two of the report. On Feb. 10, American Oversight filed a Freedom of Information Act lawsuit and motion for preliminary injunction against the DOJ in Washington, D.C., demanding the release of the report. In its opposition to American Oversight’s motion, DOJ relied on Judge Cannon’s gag order — leading to American Oversight’s expedited motion in her court seeking to clarify that the injunction barring DOJ from releasing the report was no longer in effect. 

American Oversight will argue the motion for preliminary injunction in Washington, D.C. on Thursday, Feb. 20. As of time of publishing, the first Senate floor vote on Patel’s nomination is expected to be the same day.