Ex-Prosecutor Charged With Stealing Sealed Jack Smith Report
The Justice Department has charged a former federal prosecutor with stealing the unreleased, court-sealed Volume II of Special Counsel Jack Smith’s report on the Trump classified documents investigation, alleging she disguised the sensitive files under names like “chocolate cake recipe” and “bundt cake recipe” to avoid detection.
Carmen Mercedes Lineberger, 62, a former Managing Assistant U.S. Attorney in the Southern District of Florida, was indicted on four counts — two misdemeanor counts of theft of government property, one felony count of destruction of records, and one felony count of concealment of public records. She faces a maximum of more than 20 years in prison if convicted on all charges, according to the DOJ press release.
The Allegations
According to the nine-page indictment, Lineberger received a copy of the confidential Volume II of Smith’s report in her official capacity as a senior prosecutor in the Fort Pierce branch of the U.S. Attorney’s Office. Between September and December 2025, she allegedly altered the electronic file names of the report and other internal DOJ materials, saving them under misleading names including “chocolate cake recipe” and “bundt cake recipe.”
On December 1, 2025, Lineberger emailed the report from her DOJ email account to her personal Gmail and Hotmail accounts, as CNBC reported. The indictment does not allege that she shared the files with anyone else.
Lineberger was arraigned on May 20 in federal court in West Palm Beach, Florida, where she pleaded not guilty and was released without having to post bond. Her attorney declined to comment, per NBC News.
Background: The Sealed Report
The case stems from the long-running legal battle over Special Counsel Jack Smith’s investigation into President Donald Trump’s handling of classified documents. In July 2024, U.S. District Judge Aileen Cannon dismissed the classified documents case against Trump, ruling that Smith’s appointment as special counsel was unconstitutional.
Following the dismissal, Smith prepared a final two-volume report. Volume I, covering the election interference case, was released publicly. Volume II, which focused on the classified documents investigation, was ordered sealed by Judge Cannon in January 2025. In February 2025, Cannon permanently barred its public release, arguing that Smith had worked on the report after she dismissed the case, making his continued work unauthorized.
The indictment alleges that Lineberger knew transmitting the report outside the DOJ directly violated Cannon’s court order and impaired the proper administration of the underlying criminal prosecution.
Political Context
The case has quickly become politically charged. FBI Director Kash Patel, a Trump appointee, announced the charges on social media, framing Lineberger as someone who “supported Jack Smith’s politicized investigation of President Trump,” according to Fox News.
President Trump also weighed in, writing on social media: “Deranged Jack Smith and his ‘gang’ are really bad news. Can never be allowed to happen again. They should all be prosecuted!”
The DOJ has taken steps to ensure impartiality by assigning the case to the U.S. Attorney’s Office for the Northern District of Florida, rather than Lineberger’s former office in the Southern District. Assistant U.S. Attorney Christie S. Utt is prosecuting, with the FBI and DOJ Office of the Inspector General jointly investigating.
Security and Legal Implications
The case raises significant questions about the handling of sensitive investigative materials within the DOJ. A senior prosecutor with access to court-sealed documents was allegedly able to email them to personal accounts using innocuous file names, bypassing security protocols over a period of months.
Legal experts note the case tests the boundaries of DOJ security protocols for highly sensitive, court-ordered sealed materials. It also highlights the tension between the Trump administration’s criticism of the Smith investigation and the DOJ’s prosecution of someone who allegedly mishandled materials from that same investigation.
What’s Next
Lineberger’s case will proceed in the Southern District of Florida under Chief U.S. Magistrate Judge William Matthewman. The motive for emailing the documents to herself remains unclear — the indictment does not allege any sharing or dissemination of the files. Possible explanations range from personal record-keeping to negligence regarding security protocols.
As the case unfolds, it is likely to fuel further debate over the handling of the Smith investigation and the security of sealed court documents within the Justice Department.