BREAKING: Appeals court allows Trump to file amicus brief against release of Jack Smith final report

The brief stated that like co-defendants Walt Nauta and Carlos De Oliveira, "President Trump is a subject of the Final Report. Indeed, he has been the target of Smith, who brought two prosecutions against him (the 'Election Case' and this one), both of which were constitutionally suspect from the start."

"The report is nothing less than another attempted political hit job which sole purpose is to disrupt the Presidential transition and undermine President Trump’s exercise of executive power," the filing stated. Attempting to publish the Final Report evidences complete disregard for the district court, which found that Smith is unconstitutionally appointed and funded."

Trump wrote that Attorney General Merrick Garland "cannot issue the Final Report because Smith is invalidly appointed, and the regulations authorizing his appointment are unconstitutional and thus void," adding that "Garland simply functions as a mouthpiece for the unconstitutionally-appointed Smith."

Trump also stated that the release of the final report violates the Executive Vesting Clause and the Presidential Transition Act, writing, "In sum, public release of the Final Report threatens the same, if not more, stigma and opprobrium as an indictment and, thus, represents an equal, if not greater, infringement on the exercise of the executive power, and completely disregards Congress’s intent in the Presidential Transition Act."

This comes after a Wednesday filing in which the Department of Justice said that Garland intends to allow Congress access to volume two of the final report, which focuses on the 2020 election case, per ABC News. In the amicus brief, Trump said that "the Volumes cross-reference each other; they are not siloed. Furthermore, the Government promises injury by distributing Volume Two to members of Congress. There is no way to stop those members or their staff from leaking the complete report, especially to attack President Trump."

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