Joyce White Vance: Trump's Past Is Catching Up With Him

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Judge Cannon has done everything possible to keep Volume II of the Jack Smith report buried. The 11th Circuit just stepped in. I've been tracking this one for months — here's where things stand. open.substack.com/pub/joycevan...

— Joyce White Vance (@joycewhitevance.bsky.social) 2026-05-31T03:49:21.032Z

We’ve discussed Trump’s ongoing efforts to prevent the release of former Special Counsel Jack Smith’s report on the now-dismissed classified documents prosecution against the president. That issue has now resurfaced. As we discussed at the time, Judge Aileen Cannon, who was appointed by Trump and has always ruled in his favor, was never going to order the release of Volume II of the Special Counsel Report, which covers the classified documents found at Mar-a-Lago. But now the matter is in the hands of a different court, the Eleventh Circuit Court of Appeals, which has not hesitated to correct Cannon’s errors in the past.

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There is a fascinating resonance between Cannon’s decision to prevent the release of Volume II and the issue we’ve seen surface in Trump v. IRS, the case whose “settlement” led to the creation of the slush fund Trump can use to give taxpayer dollars to January 6 defendants while erasing his and his family’s liability for debts owed to the government, like back taxes from tax audits. The common thread is cases where, instead of a legitimate adversarial process, with opponents duking it out in court, Trump is the actual party in interest on “both sides of the v.” In both of these situations, it’s Trump v. Trump, which leaves the president to decide what positions government agencies will take in these supposed legal conflicts. In the case of the special counsel’s report, DOJ, which would normally argue for its release, has taken Trump’s side. And Judge Cannon has played along.

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While Judge Cannon was doing everything possible to prevent the release of Volume II, two groups of journalists, American Oversight and the Knight First Amendment Institute, asked to intervene in the case to ensure a truly adversarial proceeding, with the parties presenting opposing views on whether the report should be released. Cannon dealt with that by dragging her feet, simply refusing to rule on the request. That went on until November, when the matter reached the Eleventh Circuit and she was given 60 days to rule. The Eleventh Circuit pointed to “undue delay.” Cannon predictably ruled against permitting intervention, and the issue was appealed to the Eleventh Circuit.

Now, the Eleventh Circuit has ordered a briefing schedule on the requests to intervene and argue in favor of the release of the report. The timing is fast, with the next set of briefs due 14 days from the date of the order, and all of the briefing to be concluded by July.

https://joycevance.substack.com/p/trumps-past-is-catching-up-with-him?r=5n3e&utm_campaign=post-expanded-share&utm_medium=web&triedRedirect=true