DOJ Drops Prosecution of Trump Co-Defendants in Classified Documents Case
The Justice Department made a surprising decision on Wednesday by moving to drop its prosecution efforts against Donald Trump’s former co-defendants in special counsel Jack Smith’s classified documents case.
Prosecutors have requested a federal appeals court to dismiss an appeal filed during the Biden administration that aimed to reinstate criminal charges against two individuals Smith had charged alongside Trump.
Abandoning the Case
The request from the interim U.S. attorney in Miami, Hayden O’Byrne, did not provide any explanation for the Justice Department’s choice to abandon the case against the two Trump allies, Walt Nauta and Carlos De Oliveira.
Nauta and De Oliveira, both Trump aides, were accused of assisting Trump in obstructing the investigation into classified documents stored at Mar-a-Lago after Trump’s first term. Smith had charged them with obstructing justice and making false statements.
If the government’s request is granted by the appeals court, which is anticipated, it will mark the conclusion of the federal criminal prosecutions against Trump.
Dismissal of the Case
U.S. District Judge Aileen Cannon dismissed the case against all three men in July, concurring with defense arguments that Smith’s appointment was unlawful.
During former Attorney General Merrick Garland’s tenure, the Justice Department appealed Cannon’s ruling to the 11th Circuit Court of Appeals in Atlanta, seeking to revive the case against all three defendants.
However, the section of the appeal that aimed to reinstate the charges against Trump was dismissed in November, at Smith’s request, following Trump’s victory in the presidential election. The special counsel referred to the long-standing DOJ policy against prosecuting a sitting president. Nevertheless, until Wednesday, the Justice Department had persisted in pursuing the appeal against Nauta and De Oliveira.
Representatives for the Justice Department and the U.S. Attorney’s Office in Miami did not respond immediately to requests for comments on this development.
Renewed Calls for Transparency
The dismissal of the appeal is expected to reignite demands for the release of Smith’s final report on the classified documents issue. Garland refrained from publishing the report due to the ongoing prosecution of Nauta and De Oliveira. Cannon also prevented Garland from sharing the report with Congress.
Democrats are likely to intensify their calls for a review of the report. The Justice Department’s action is also likely to hasten impending legal battles regarding the potential public disclosure of the report.
