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“At the end of the day, what’s the urgency of doing this right now?” Cannon asked Justice Department attorney Elizabeth Shapiro at a hearing in her Ft. Pierce, Florida, courtroom.

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Cannon, appointed by Trump in 2020, has had oversight over issues in Trump’s criminal case in Florida, where he was charged by the special counsel in connection with allegedly mishandling classified documents taken to his Mar-a-Lago estate. Assigned the case at random, after previously issuing rulings in Trump’s favor – later overturned by higher courts – in a civil case that stymied the investigation into the documents, Cannon drew criticism for delays in the case and then controversially dismissed the charges against Trump,saying Smith’s appointment violated the Constitution.

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Friday, Cannon peppered Shapiro with questions why the department was offering the report to Congress now, when there is a possibility that the prosecution against Trump’s former codefendants could be revived. Cannon dismissed the case against them last summer but that ruling is on appeal.

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Cannon noted that in past examples of the department releasing a special counsel’s report, those reports had been disclosed after a “moment of finality” when there was “no doubt.”

Cannon is one of the people outside of DOJ, including Trump’s attorneys, who has seen the report. Earlier this week, the department provided Cannon with an unredacted version and a version with the redactions they had planned for the limited review by lawmakers.

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Cannon dismissed the case last summer, with her concluding that Smith had been unconstitutionally appointed. But with the appeal of the ruling ongoing, Trump’s former co-defendant say that even disclosing the report to the members of Congress would be prejudicial to them if the case were to go to trial. Cannon on Friday was focused on the lack of mechanism the court has to enforce the lawmakers to keep quiet about what they learn from the report.

If a member of Congress went to the House floor to describe what they had read, that conduct would be protected by the Constitution’s Speech or Debate Clause.

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