Trump's classified-documents case: dismissed in July 2024 over the special counsel's appointment, and Volume II of Jack Smith's report permanently barred from release (Feb. 23, 2026)

Case

Special counsel Jack Smith's 2023 case accused Trump of mishandling government documents after his first term; Judge Aileen Cannon dismissed it in July 2024, ruling Smith was unlawfully appointed, and it ended after Trump won the 2024 election. On Feb. 23, 2026 Cannon permanently barred the Justice Department from releasing Volume II of Smith's report, which covers the documents investigation and alleged obstruction. Transparency groups call that a pattern of shielding the president; Trump's lawyers say it protects due process.

What happened
Special counsel Jack Smith's second 2023 case accused Trump of mishandling sensitive government documents after his first term; Trump pleaded not guilty.
In July 2024 Judge Aileen Cannon ruled Smith was unlawfully appointed and dismissed the charges; Smith appealed, but the case ended after Trump won the 2024 election.
Volume II of Smith's final report covers the documents investigation and alleged obstruction; Volume I, on the 2020 election case, was made public days before Trump's second inauguration.
Attorney General Merrick Garland kept Volume II secret during proceedings against co-defendants Walt Nauta and Carlos de Oliveira, whose case was dropped in February 2025, and Attorney General Pam Bondi decided it should not be public.
On Feb. 23, 2026 Cannon permanently barred Bondi or her successors from releasing or sharing Volume II, reasoning that Smith acted 'without lawful authority' and that the former defendants keep the presumption of innocence.
The Justice Department had backed Trump's request to keep the report within the department.

Perspectives

Critic — American Oversight and the Knight First Amendment Institute
American Oversight said the ruling continues a troubling pattern of shielding the president from scrutiny. The Knight Institute's Scott Wilkens said it is impossible to square with the First Amendment and the common law.

Defender — Trump's lawyer Kendra Wharton
Wharton said the ruling properly addressed due process and praised Cannon's courage and judicial resolve. Cannon wrote that former special counsels have released reports only after declining charges or after guilty pleas or verdicts.

Note
Cannon found Smith acted without lawful authority; Trump pleaded not guilty and was never convicted in this case.

Sources
[1] CBS News — Judge permanently blocks release of Jack Smith's report on Trump classified documents case (https://www.cbsnews.com/news/trump-classified-documents-case-judge-blocks-jack-smith-special-counsel-report/) · 2026-02-23
[2] CNBC — Judge blocks release of Trump documents case report by special counsel Jack Smith (https://www.cnbc.com/2026/02/23/trump-report-jack-smith-judge-aileen-cannon-mar-a-lago.html) · 2026-02-23

Connections

Same context — Congressional Republicans' hearings on Jack Smith (2026)
Both involve Jack Smith's investigations and the later fight over their reports and legitimacy.

Same actor — Trump's 34-count New York hush-money conviction (May 2024) and sentence of unconditional discharge (Jan. 2025); removal fight continues in 2026
Companion entries on Trump's own criminal cases.