Democrats on the Senate Judiciary Committee are demanding to see the volume of special counsel Jack Smith’s report dealing with the Mar-a-Lago classified documents investigation, asserting it has relevant information about Kash Patel, President Trump’s pick to lead the FBI.
The letter references prior reporting surrounding Patel’s grand jury testimony as prosecutors investigated Trump, granting the aide immunity to discuss his role.
Patel has claimed that he witnessed Trump declassify records – a detail that could have been among the defenses Trump offered after 300 documents with classified markings were found in his home.
“Mr. Patel’s testimony under oath before the grand jury on this and other potential matters, and the Special Counsel’s findings with regard to Mr. Patel’s related activities and statements, remain unknown to the Committee and the public,” Sen. Adam Schiff (D-Calif.) wrote in a letter alongside Sen. Dick Durbin (D-Ill.), the top Democrat on the panel, along with its other members.
“The Committee cannot adequately fulfill its constitutional duty without reviewing Mr. Patel’s testimony under oath, which is necessary to evaluate Mr. Patel’s truthfulness, trustworthiness, and regard for the protection of classified information.”
The request asks both for Patel’s grand jury testimony and the volume of Smith’s report dealing with that investigation.
Former Attorney General Merrick Garland was going to withhold that volume of Smith’s report from the public, but was prepared to share it with the four leaders of the House and Senate Judiciary committees.
U.S. District Court Judge Aileen Cannon blocked that action, warning any leaks from lawmakers could impact the ongoing case against Trump’s two co-defendants.
The Justice Department earlier Wednesday, however, moved to kill the case, dropping an appeal that would have reignited the prosecution for the two men.
Doing so would open the department to publicly sharing that volume of Smith’s final report.
The Justice Department did not immediately respond to a request for comment.
President Trump’s own legal team, however, waged its own battle to block the release of the entirety of Smith’s report, ultimately losing when it came to the election interference volume.
There are signs there could be meaty details about the Mar-a-Lago investigation in the yet-to-be-released volume.
“Volume II includes detailed and voluminous discovery information,” Cannon wrote in a decision the day after Trump was sworn in, referring to the Mar-a-Lago volume.
“Much of this information has not been made public in Court filings. It includes myriad references to bates-stamped information provided by the Special Counsel in discovery and subject to the protective order, including interview transcripts, search warrant materials, business records, toll records, video footage, various other records obtained pursuant to grand jury subpoena, information as to which President-Elect Trump has asserted the attorney-client privilege in motions in this proceeding evidence, and other non-public information.”
