'Cannon's order is the reason': Mar-a-Lago judge muzzled Jack Smith such that he wouldn't review his own Trump report before deposition, transcript reveals

Former peculiar counsel Jack Smith truly wanted to sermon the contented of his still-secret study connected the Mar-a-Lago classified documents probe of then-presidential campaigner Donald Trump, that overmuch is clear. U.S. District Judge Aileen Cannon, however, effectively muzzled Smith to the constituent that helium felt adjacent reviewing his ain study connected the probe anterior to testifying down closed doors was a span excessively far, a recently released 250-page House Judiciary Committee transcript reveals.

Unlike Robert Mueller, John Durham, and Robert Hur, ex-special counsel Smith has not testified successful a nationalist proceeding astir the contours of his last study contempt his express willingness to bash so. Instead, House Judiciary Committee Chairman Jim Jordan, R-Ohio, ensured that Smith would look for questioning astir his Trump probes connected Dec. 17 extracurricular of the public's view, the details of which went connected to beryllium released successful transcript signifier connected New Year's Eve.

While Smith defended his motivations arsenic apolitical — besides afloat backing the actions of his unit and the FBI successful investigating Trump for Jan. 6, the retention of classified documents, and alleged obstruction aft his archetypal word arsenic president — helium wouldn't spell into item astir the Mar-a-Lago lawsuit due to the fact that the Trump-appointed justice who dismissed the prosecution and invalidated Smith's assignment arsenic peculiar counsel is inactive frustrating him into the contiguous day.

Near the precise commencement of the deposition, House Judiciary Democrats said that Cannon's injunction — successful spot since January and blocking the merchandise of Volume II of Smith's study adjacent aft the existent DOJ ended cases against ex-Trump co-defendants Waltine Nauta and Carlos de Oliveira — "amounts to gagging Mr. Smith contiguous and preventing him from telling this committee astir his probe into President's Trump's crimes."

"And, specifically, these crimes see stealing and lying astir classified documents helium kept successful the ballrooms and bathrooms of his Mar-a-Lago clubhouse. And determination is nary crushed astatine each to proceed to support Volume Two nether seal — besides, of course, the information that Mr. Trump doesn't similar what it says," the transcript continued, besides noting the DOJ's stance that Smith was barred from "disclosing immoderate nonpublic accusation that whitethorn beryllium contained successful Volume Two[.]"

Democratic lawmakers connected the committee repeatedly tried to inquire questions successful arsenic roundabout a mode arsenic imaginable to get Smith to wound connected the subject, but helium refused, and the crushed could beryllium arsenic elemental arsenic his "eyes wide open" knowing that "this president volition question retribution against maine if helium can."

Not giving an inch, Smith emphasized helium did not privation to accidental thing that would interruption Cannon's bid — thing that could beryllium utilized against him.

"Well, determination is an bid of Judge Cannon, an injunction regarding Volume Two. I privation to marque precise wide that I bash not privation to bash thing to interruption that injunction oregon that order," Smith said, revealing that the DOJ provided him a machine with files from his probe to reappraisal earlier his deposition and that helium believed Volume II was among those materials.

But Smith said helium didn't entree the Volume II file, believing that looking astatine his ain study would beryllium problematic.

"And so, fixed that I person not seen — looked astatine Volume Two since I submitted it to the Attorney General astir a twelvemonth ago, I bash not person an nonstop recollection of what is successful determination and not. And so, unless thing is successful a nationalist filing oregon — and radical tin constituent maine to a nationalist filing — I deliberation the class that was mentioned successful the missive that we got this greeting of publically — I can't retrieve the terminology, but decently publically released information, I bash not privation to — I privation to beryllium wide I bash not privation to interruption that order, and I don't privation to bash thing that tin adjacent beryllium remotely construed arsenic violating that order," Smith said.

A Democratic lawyer followed up with a question.

"Wait. So — I'm sorry. But DOJ did not fto you reappraisal Volume Two of your report?" the idiosyncratic asked.

"It whitethorn good person been there, but I chose not to reappraisal it, due to the fact that I didn't privation immoderate accusation whatsoever that I was someway violating the bid by looking astatine it, not being a subordinate of the Department now," Smith said, according to the transcript.

Later connected successful the deposition, Smith reiterated that Cannon's bid was the "reason" for his soundlessness astir the details of his report.

Asked if determination was "any different crushed close now," fixed that Nauta and Oliveira's cases person been dismissed, wherefore Volume II should not spell public, Smith answered, "Judge Cannon's bid is the reason."

Ultimately, Smith noted, adjacent if the injunction were to beryllium lifted, whether oregon however overmuch of the study goes nationalist is U.S. Attorney General Pam Bondi's decision.

Since February, nonprofit groups the Knight First Amendment Institute and American Oversight tried to person Cannon to assistance the injunction successful the nationalist interest, filing motions to intervene successful the shuttered transgression lawsuit against Trump. Cannon denied the motions much than fractional a twelvemonth aboriginal — lone aft the groups appealed to the 11th Circuit. The appellate tribunal agreed the justice had engaged successful "undue delay" and enactment Cannon connected a 60-day deadline to rule.

When Cannon did yet regularisation connected Dec. 22, denying the projected interventions to assistance the injunction, Smith's deposition had already taken place.

Unsurprisingly, some nonprofit groups responded to Cannon's denial by filing notices of entreaty astatine the 11th Circuit.