So, the drama is finally reaching a boiling point. Attorney General Merrick Garland is pushing hard to get the rest of Special Counsel Jack Smith’s report into the hands of the public. If you’ve been following the news, you know this has been a long, messy road. We already saw Volume One drop back in January 2025—which focused on the 2020 election subversion case—but there is still a massive, redacted cloud hanging over Volume Two.
That second volume is the one that dives into the classified documents mess at Mar-a-Lago.
Honestly, it’s kinda wild how much legal maneuvering has happened just to keep these pages hidden. Right now, it’s early 2026, and the stakes couldn't be higher. Garland basically wants to clear the air before the political winds shift even further. He’s arguing that the American people have a right to see the full picture, especially since the criminal cases against Donald Trump were dropped after he won the 2024 election.
Why Attorney General Garland Seeks to Release Jack Smith Report Now
The timing here isn't an accident. Garland has always been a bit of a "by the book" guy, which has frustrated people on both sides of the aisle. But now, he’s leaning on Department of Justice regulations that say a Special Counsel must provide a report explaining why they decided to prosecute or not.
Jack Smith did his part. He handed over two volumes.
The first volume, which we’ve mostly seen, was pretty explosive. It laid out how Smith believed there was enough evidence to convict Trump if he hadn't won the presidency. But Volume Two? That's the one that’s been stuck in a basement, metaphorically speaking. It deals with the co-defendants, Walt Nauta and Carlos De Oliveira, and because their legal situations were dragging on, the DOJ was hesitant to release it to avoid "prejudicing" the case.
But things have changed.
Garland is now making the case that transparency outweighs the risk. He’s facing massive pressure from transparency groups like CREW (Citizens for Responsibility and Ethics in Washington), who have been filing FOIA requests like crazy. They’re worried that if the full report isn't released soon, the current administration might just... make it disappear.
The Battle Over the Classified Documents Volume
What’s actually in Volume Two? That’s the $20 million question. We know it covers the "willful retention" of highly sensitive national security records. Smith already hinted at "powerful evidence" during his closed-door testimony in late 2025. He basically told the House Judiciary Committee that Trump was the most "culpable" person in the whole conspiracy.
Judge Aileen Cannon has been a huge roadblock here.
She previously blocked the release, and even though Garland and Smith have fought it, the legal red tape is thick. Trump’s lawyers, including Todd Blanche, have been arguing that releasing the report now would be a "violation of the Presidential Records Act" and basically a political hit job. They want the whole thing buried.
It’s a classic tug-of-war.
- Garland's Side: The public paid for this investigation ($20 million+), and they deserve to see the findings.
- Trump's Side: This is a "fake" report from an "unlawfully appointed" special counsel.
What Most People Get Wrong About the "Public" Testimony
There’s this idea that once Jack Smith testifies, we’ll know everything. Not quite. Smith is scheduled to testify publicly before the House Judiciary Committee on January 22, 2026. This follows a marathon nine-hour private session he did last month.
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While Jim Jordan and the Republicans are likely going to grill him on "political motivation," Smith has been very clear: he stands by his work. He’s already said, on the record, that the decision to charge was his and his alone. No "Biden White House" meddling.
But even with a public hearing, the physical report is different. A transcript of a hearing is one thing; a 200-page prosecutorial document with footnotes, grand jury evidence, and internal DOJ memos is another beast entirely. That’s why Attorney General Garland seeks to release Jack Smith report in its original, written form. It’s the difference between a movie trailer and the actual film.
The Immunity Problem
You can't talk about this report without mentioning the Supreme Court. Their ruling on presidential immunity forced Smith to rewrite his original indictments. In the report, Smith explains how they had to "reanalyze" every bit of evidence to distinguish between "official acts" and "private conduct."
The report supposedly details how Trump’s efforts to use "fake electors" was purely a candidate-level move, not a presidential one. If Garland succeeds in releasing the full text, we’ll finally see the legal logic Smith used to try and bypass that immunity shield.
What Happens Next?
If you're looking for a resolution, keep your eyes on the next few weeks. The 11th Circuit Court of Appeals is currently weighing in on some of these emergency motions.
Garland is essentially in a race against time. He’s trying to ensure that the work of the Special Counsel’s office doesn't just end up in a shredder or a locked vault. He wants a "final word" on the matter.
Actionable Insights for Following This Story:
- Watch the January 22nd Hearing: This will be the first time Smith speaks to the cameras in a long-form setting. Pay attention to his answers regarding the "co-conspirators" in Volume Two.
- Check the DOJ’s FOIA Reading Room: If Garland wins the legal fight, the report will likely be posted there first, often with very little warning.
- Look for Redactions: When the report does drop, look at what’s not there. Redactions under "Rule 6(e)" usually refer to grand jury secrets, while others might be for "national security."
- Follow the 11th Circuit: Their ruling on the Nauta and De Oliveira injunction will be the green light (or red light) for the DOJ to hit "publish."
Ultimately, this isn't just about one man or one investigation. It’s about how the Justice Department functions when a former—and current—president is the subject of a criminal probe. Whether you think Smith is a hero or a villain, the report is the only objective record we have of what his team actually found over those two years of investigation.