Judge Cannon Shields Jack Smith’s Final Report from Public View

In a move that effectively closes the book on the Mar-a-Lago investigation, Judge Aileen Cannon issued a permanent injunction yesterday, February 23, 2026, to prevent the release of Special Counsel Jack Smith’s second report.

Thank you for reading this post, don't forget to subscribe!

While Volume I (Election Interference) is already public, Volume II—which details the classified documents probe—will remain locked in government archives indefinitely.

The Three Main Pillars of the Ruling

Judge Cannon’s decision wasn’t just a simple “no”; she based it on three specific legal theories:

1. The “Fruit of the Poisonous Tree”: Cannon doubled down on her previous ruling that Jack Smith’s appointment was unconstitutional. She argued that because his office shouldn’t have existed, the report it produced is a legal nullity.
2. Reputational Rights: She emphasized that since the case was dismissed before a trial, releasing a report full of “unproven allegations” would violate the defendants’ rights to a fair process and the presumption of innocence.
3. The Bondi Factor: Unlike past battles where the DOJ fought for transparency, the current Justice Department under Attorney General Pam Bondi sided with the defense, arguing the report is an internal memo, not a public record.

The Current Scorecard

Feature	Status
Physical Copies	Saved from destruction; they remain in DOJ/National Archives.
Public Access	Denied. The report is currently under a permanent seal.
Volume I	Remains available to the public.
Legal Status	Headed for the 11th Circuit Court of Appeals.

The “So What?”

This ruling is a major victory for the defense because it prevents the public from seeing the specific evidence Smith gathered regarding the “willful retention” of documents. However, the fight isn’t over—civil liberties groups are already filing appeals, arguing that the public’s right to know outweighs the privacy concerns of the former defendants.