Appeals Court to Hear Jack Smith Report Case

The 11th Circuit will hear arguments on whether Volume II of Jack Smith's report should be released, after Judge Aileen Cannon permanently blocked its release.

Updated on Nov. 4, 2026 in Criminal Justice

Appeals Court to Hear Jack Smith Report Case

The 11th Circuit Court of Appeals has scheduled oral arguments for Tuesday, January 12, at 2:00 p.m. in Atlanta, Georgia. The Knight First Amendment Institute and American Oversight are seeking to reverse Judge Aileen Cannon's order blocking release of Volume II of Jack Smith's report.

Why it matters

The appeal concerns whether the public's right of access to the report can be preserved through timely adjudication. The groups argue that grounds for an earlier continuance have expired, and the court's decision will determine whether the report can be made available outside the Department of Justice.

The appeal is set for oral argument on January 12, 2027, after being rescheduled from November 2. Judge Cannon's February 23 injunction remains in place, and her ruling on the FBI agents' clarification request is still pending.

The players

Knight First Amendment Institute

A research and advocacy center at Columbia University that litigates free speech and government transparency cases.

American Oversight

A nonprofit watchdog organization that uses public records requests and litigation to promote government accountability.

Aileen Cannon

A federal district judge in the Southern District of Florida who presided over the case involving the Jack Smith report.

The details

The Knight First Amendment Institute and American Oversight jointly moved to schedule argument, and the 11th Circuit granted the motion. The United States took no position on the scheduling motion, while Trump and the co-defendants Nauta and De Oliveira had earlier sought more time to prepare.

Timeline

  1. February 23: Judge Cannon permanently blocked release of Volume II of Jack Smith's report.

  2. November 2: Original oral argument date, later reset by the appellate court.

  3. January 12, 2027: Oral arguments scheduled at 2:00 p.m. in Atlanta, Georgia.

Legal Context

The appeal continues the legal fight over whether Volume II of the Smith report can be released, following the earlier litigation that led to Judge Cannon's order. The outcome will shape how federal courts handle sealed prosecutorial reports in politically sensitive investigations.

The ruling will determine whether Volume II of the Jack Smith report becomes publicly available, affecting what residents can learn about the investigation. Anyone following the case can track the January 12 argument through public court proceedings.

The takeaway

Court timelines can shift repeatedly, so readers following public-records disputes should track docket updates rather than assume a fixed release date. The January 12 argument is the next concrete checkpoint in this appeal.

What happens next

Oral arguments are scheduled for January 12, 2027 at 2:00 p.m. in Atlanta, Georgia, before the 11th Circuit.

Further reading

Follow broader developments in the Criminal Justice section for related court and prosecution coverage.

Source note: This article includes information reported by Law & Crime.