The Justice Department’s plans for the release of the final reports were made public as part of a brief in the case against Trump’s co-defendants, who had requested that a federal appeals court block Smith’s final report from being publicly released.

The DOJ said Wednesday that Attorney General Merrick Garland hadn’t intended to release the volume of the report covering the documents case while the prosecution against co-defendants Walter Nauta and Carlos de Oliveira is still ongoing—meaning the report will likely never be made public, as Trump’s DOJ is unlikely to release it if the prosecution ends after Trump is inaugurated.

Smith made clear Tuesday that his final report would be split into two volumes: one covering the documents case — concerning whether Trump unlawfully withheld documents and obstructed the government’s investigation into them — and another covering Trump’s allegedly unlawful efforts to overturn the 2020 election.

Garland does intend to publicly release the volume covering Trump’s efforts to overturn the election, as prosecutors said Nauta and de Oliveira “have no cognizable interest in that volume of the Final Report” and there’s no “legal basis for any other interested party to seek to block [that volume’s] release.”

It’s unclear when that part of the final report could be publicly released, however: Since the entire report is at issue in the court dispute over whether it should be released, the appeals court will likely have to rule before Garland can make it public, even though it doesn’t concern Nauta and de Oliveira at all.