CNN's Elie Honig breaks down how Trump could still 'gum things up' over J6 report

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President-elect Donald Trump could still "gum things up" to prevent the Department of Justice from releasing Jack Smith's final report on Trump's efforts to remain in power after the 2020 election, according to CNN legal analyst Elie Honig.

Honig told CNN's Dana Bash on Monday that Trump will have to rely on delay tactics because he has "no legal basis" for any court to step in and deny the report's release.

"What the Trump team would essentially be asking to do here is to prohibit DOJ from releasing the January 6th special report. That's separate...from the classified documents report. There is simply no legal basis on which a court can stop DOJ from releasing that," Honig said.

"Donald Trump really can't show any ongoing prejudice here because he's already been dismissed from these two cases," Honig continued. "That's actually why the classified documents decision to hold that one back and to keep that one just for Congress is a different case, because there's still two defendants live in that case."

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Trump's co-defendants in the Mar-a-Lago documents case, Walt Nauta and Carlos De Oliviera, filed an emergency motion that was denied Monday by Judge Aileen Cannon. Judge Cannon set a hearing date of Friday on whether to authorize the release of that final report.

But she ruled that Smith's report into the election interference case that was being handled in D.C. — but which was dismissed — can be released — though more complaints may be received.

According to CNN, "Trump’s lawyers are arguing the separate volume on election subversion should not be released as well, alleging Cannon’s ruling disqualifying Smith in the documents case ended his authority to release that aspect of his report as well."

Honig concluded that he did think the J6 report would ultimately be released to the public, "but, again, it's all about managing the calendar and the clock here," he said.

"If Donald Trump can hold this thing off another week, almost to the moment when he can become the next president, then his DOJ can choose not to release it. So, just to sum up, I don't think he has any legal basis to get a court to stop it but if he can gum things up for another seven days, then it becomes his DOJ, and I'm sure they will not release it."

Watch the clip below via CNN.

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