The Justice Department has asked U.S. District Judge Aileen Cannon to consider "further action" after a former government lawyer was charged with stealing and concealing the classified report produced by former special counsel Jack Smith regarding the Mar-a-Lago investigation.
Background
Carmen Mercedes Lineberger, 62, formerly served as a managing assistant U.S. attorney in the Southern District of Florida. According to court records, she allegedly altered electronic file names of government records in late 2025 and emailed them to her personal accounts. When prosecutors announced the indictment in May, they alleged that Lineberger renamed files containing Jack Smith's Volume II Report to "chocolate cake recipe" and "bundt cake recipe" in an attempt to conceal the documents' true identity.
The alleged theft occurred despite Judge Cannon's injunction blocking the release of Volume II, which she issued at the start of President Donald Trump's second term in 2025. The order has kept Smith's report on Trump's handling of classified documents buried from public view since January 2025.
"This Notice is provided to disclose this alleged violation of the Order by a now-former Department of Justice employee to enable this Honorable Court to consider further action and sanction as deemed appropriate," prosecutors wrote in Monday's filing.
The Charges
Lineberger has been charged with theft, record alteration, and concealment related to government documents. She pleaded not guilty to all charges. The DOJ filing noted that the U.S. Attorney for the Northern District of Florida, John Heekin, submitted the notice rather than the Southern District because Lineberger previously worked in that jurisdiction.
The case stems from Smith's investigation into Trump's alleged willful retention of classified documents and obstruction of their return. Cannon previously dismissed the Espionage Act prosecution against Trump in July 2024, ruling that Smith was unlawfully appointed as special counsel. She later permanently blocked Attorney General Pam Bondi and her successors from releasing Volume II, characterizing its creation as a "brazen stratagem" that violated the spirit of her dismissal order.
Key Takeaways
- Carmen Mercedes Lineberger allegedly renamed classified documents to cake recipes to email them to personal accounts in late 2025
- The DOJ filed notice with Judge Cannon that this constitutes a violation of her court injunction blocking Volume II's release
- Lineberger has pleaded not guilty to theft, record alteration, and concealment charges
- Appeals to release the report continue at the 11th U.S. Circuit Court of Appeals; arguments scheduled for late September
- Jack Smith testified before Congress in January but declined to discuss his findings due to Cannon's order
What's Next
It remains unclear what action Judge Cannon might take regarding the alleged violation of her court order. Meanwhile, oral arguments on appeals seeking to release Volume II are tentatively scheduled for the week of September 28 before the 11th U.S. Circuit Court of Appeals. Lineberger is awaiting trial on the criminal charges filed against her.