Main: President Donald Trump tosses the pen he used to sign an executive order at a campaign rally at the Pinnacle Bank Expo Center, Monday, Oct. 5, 2026, in Grand Island, Neb. (AP Photo/Alex Brandon). Right inset: Former special counsel Jack Smith testifies during the Senate Judiciary Committee hearing titled “Oversight of Jack Smith’s Abuse of Authority and the Targeting of Republicans and Related Matters,” in Hart Senate Office Building on Tuesday, Sept. 29, 2026. (Tom Williams/CQ Roll Call via AP Images).
Donald Trump needs time to meet with his lawyer, so the recently moved-up oral arguments to reverse U.S. District Judge Aileen Cannon’s permanent block on Jack Smith’s Mar-a-Lago report can’t happen before the election, according to the president.
The 11th U.S. Circuit Court of Appeals last week moved up a tentative January 2027 argument date to Nov. 2, one day before the midterm elections. On Monday, lawyers for the president, his valet and a Mar-a-Lago property manager took the position that arguments should at least be pushed back to January or later.
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For nearly two years, the Knight First Amendment Institute and American Oversight have tried to bring to light the never-seen Volume II of the former special counsel’s report, which covers the investigation of Trump, Walt Nauta and Carlos de Oliveira for the willful retention of classified information and conspiracy.
Cannon frustrated the would-be intervenors at every turn, even after the 11th Circuit chided her for “undue delay” in ruling on their motions. Ultimately, the Trump-appointed judge — who found Smith was unlawfully appointed as special counsel — dismissed Trump’s indictments, invalidated all of the special counsel’s actions, and permanently blocked the Mar-a-Lago report’s release without ordering its destruction.
According to the latest filing from the erstwhile defendants, there simply isn’t enough time for Trump attorney Kendra Wharton to “meaningfully confer” with her client before arguments.
“The requested continuance is reasonable, is sought in good faith, and will neither prejudice Appellants’ rights nor materially delay the resolution of the consolidated appeals,” court documents said.
“Further, and vitally, counsel for President Trump, Kendra Wharton, requires time to adequately confer with President Trump in preparation for oral argument,” the filing went on. “Given President Trump’s extensive commitments, including travel and other obligations in advance of the November 3, 2026, federal midterm elections, counsel will not have sufficient opportunity to meaningfully confer with her client while preparing for oral argument on the currently scheduled November 2, 2026, argument date.”
American Oversight and the Knight Institute have said Cannon’s “legally erroneous” rejection of the “public’s right of access” should lead the 11th Circuit to vacate the injunction and “order Volume II placed on the public docket” in partially redacted form.
A reversal could also free up Smith and former Mar-a-Lago FBI agents to speak about Volume II without fear of violating Cannon’s orders.
The post Bid to reverse Judge Cannon on Volume II can’t happen before election because Trump lawyer hasn’t ‘meaningfully’ conferred with president: Court filing first appeared on Law & Crime.
