America First Legal (AFL) announced today that it has filed an amicus brief in United States v. Knight First Amendment Institute, urging the US Court of Appeals to affirm Judge Aileen Cannon’s ruling that outside organizations have no right to access Volume 11 of Special Council Jack Smith’s investigation into President Trump’s handling of national security information.  Furthermore, AFL is urging the court to order the “destruction” of the report.  AFL was founded by Stephen Miller.

In its brief, AFL argues that because Volume 11 if the product of an unconstitutional investigation, it is not subject to the Federal Records Act and therefore does not need to be preserved under those provisions.  AFL also argues that even if Volume 11 is subject to the Federal Research Act, it would still qualify for authorized disposition under the Records Disposal Act and its disclosure would be prohibited by the Privacy Act of 1974.

In July 2024, Judge Cannon dismissed the classified documents case against President Trump and two co-defendants, finding that Jack Smith was not lawfully apppointed as Special Counsel.  Although the US Department of Justice (DOJ) initially appearled that decision, it later abandoned the appeal after President Trump returned to the White House.

Following the dismissal, Smth prepared a two-volume report summarizing his work.  Volume 1, which addrressed the election interference investigation, was released publicly.  Volume 11, which concerned the classified documents case overseen by Judge Cannon, has never been released.  Judge Cannon correctly ruled that Volume 11 should not be disclosed, in light of the unlawful appointment of the Special Counsel and the absnece of any legal entitlement to the report according to a press release issued early this afternoon by American First Legal.