The Daily Populous Friday January 2nd, 2026 morning edition
Authored by lawandcrime.com and submitted by OkayButFoRealz

Former special counsel Jack Smith really wanted to discuss the content of his still-secret report on the Mar-a-Lago classified documents probe of then-presidential candidate Donald Trump, that much is clear. U.S. District Judge Aileen Cannon, however, effectively muzzled Smith to the point that he felt even reviewing his own report on the investigation prior to testifying behind closed doors was a bridge too far, a newly released 250-page House Judiciary Committee transcript reveals.

Unlike Robert Mueller, John Durham, and Robert Hur, ex-special counsel Smith has not testified in a public hearing about the contours of his final report despite his express willingness to do so. Instead, House Judiciary Committee Chairman Jim Jordan, R-Ohio, ensured that Smith would appear for questioning about his Trump probes on Dec. 17 outside of the public's view, the details of which went on to be released in transcript and video form on New Year's Eve.

While Smith defended his motivations as apolitical — also fully backing the actions of his staff and the FBI in investigating Trump for Jan. 6, the retention of classified documents, and alleged obstruction after his first term as president — he wouldn't go into detail about the Mar-a-Lago case because the Trump-appointed judge who dismissed the prosecution and invalidated Smith's appointment as special counsel is still frustrating him into the present day.

Near the very start of the deposition, House Judiciary Democrats said that Cannon's injunction — in place since January and blocking the release of Volume II of Smith's report even after the current DOJ ended cases against ex-Trump co-defendants Waltine Nauta and Carlos de Oliveira — "amounts to gagging Mr. Smith today and preventing him from telling this committee about his investigation into President's Trump's crimes."

"And, specifically, these crimes include stealing and lying about classified documents he kept in the ballrooms and bathrooms of his Mar-a-Lago clubhouse. And there is no reason at all to continue to keep Volume Two under seal — besides, of course, the fact that Mr. Trump doesn't like what it says," the transcript continued, also noting the DOJ's stance that Smith was barred from "disclosing any nonpublic information that may be contained in Volume Two[.]"

Democratic lawmakers on the committee repeatedly tried to ask questions in as roundabout a way as possible to get Smith to bite on the subject, but he refused, and the reason could be as simple as his "eyes wide open" understanding that "this president will seek retribution against me if he can."

Not giving an inch, Smith emphasized he did not want to say anything that would violate Cannon's order — something that could be used against him.

"Well, there is an order of Judge Cannon, an injunction regarding Volume Two. I want to make very clear that I do not want to do anything to violate that injunction or that order," Smith said, revealing that the DOJ provided him a computer with files from his probe to review before his deposition and that he believed Volume II was among those materials.

But Smith said he didn't access the Volume II file, believing that looking at his own report would be problematic.

"And so, given that I have not seen — looked at Volume Two since I submitted it to the Attorney General almost a year ago, I do not have an exact recollection of what is in there and not. And so, unless something is in a public filing or — and people can point me to a public filing — I think the category that was mentioned in the letter that we got this morning of publicly — I can't remember the terminology, but properly publicly released information, I do not want to — I want to be clear I do not want to violate that order, and I don't want to do anything that can even be remotely construed as violating that order," Smith said.

An individual whose name was redacted, appearing to be a lawyer on the Democratic side, followed up with a question.

"Wait. So — I'm sorry. But DOJ did not let you review Volume Two of your report?" the person asked.

"It may well have been there, but I chose not to review it, because I didn't want any implication whatsoever that I was somehow violating the order by looking at it, not being a member of the Department now," Smith said, according to the transcript.

Later on in the deposition, Smith reiterated that Cannon's order was the "reason" for his silence about the details of his report.

Asked if there was "any other reason right now," given that Nauta and Oliveira's cases have been dismissed, why Volume II should not go public, Smith answered, "Judge Cannon's order is the reason."

Ultimately, Smith noted, even if the injunction were to be lifted, whether or how much of the report goes public is U.S. Attorney General Pam Bondi's decision.

Since February, nonprofit groups the Knight First Amendment Institute and American Oversight tried to convince Cannon to lift the injunction in the public interest, filing motions to intervene in the shuttered criminal case against Trump. Cannon denied the motions more than half a year later — only after the groups appealed to the 11th Circuit. The appellate court agreed the judge had engaged in "undue delay" and put Cannon on a 60-day deadline to rule.

When Cannon did finally rule on Dec. 22, denying the proposed interventions to lift the injunction, Smith's deposition had already taken place.

Unsurprisingly, both nonprofit groups responded to Cannon's denial by filing notices of appeal at the 11th Circuit.

Hottie-xoxo on January 1st, 2026 at 23:05 UTC »

Cannon's order isn't just about whether the public sees the report, it's literally keeping the author from referencing it in testimony because he's afraid violating the injunction could have consequences. That's wild

Mr_Magoo1969 on January 1st, 2026 at 23:04 UTC »

It says a lot about how biased Cannon is when the 11th Circuit basically has to beat her over the head to get her to do anything. They must be tired of her nonsense too.

B-Z_B-S on January 1st, 2026 at 22:56 UTC »

Remember, Trump tried to do a coup d'état on America. That was the purpose of January 6th.