The Justice Department has filed a motion to drop its appeal in the classified documents case against former President Donald Trump's co-defendants, Walt Nauta and Carlos De Oliveira. This move, if approved by the appeals court, would effectively end the case and potentially pave the way for the public release of Special Counsel Jack Smith's report.
The Justice Department on Wednesday took a significant step towards closing the book on its classified documents case against former President Donald Trump 's co-defendants. The department filed a motion to the 11th U.S. Circuit Court of Appeals to drop its appeal of a previous order dismissing the charges against Walt Nauta and Carlos De Oliveira. This move, if approved by the appeals court, would effectively end the case.
The Justice Department's decision comes after the pending appeal prevented the public release of special counsel Jack Smith's report on the entire criminal case against Trump. Then-U.S. Attorney General Merrick Garland had cited the appeal as a reason for withholding the report, claiming it could potentially impact the due process rights of Nauta and De Oliveira.The motion to drop the appeal was filed by Hayden O'Byrne, the newly appointed interim U.S. attorney for the Southern District of Florida. O'Byrne's filing requests that the court dismiss the appeal 'with prejudice,' meaning it cannot be revived in the future. This development follows Smith's resignation earlier this month, leading to the transfer of the case to O'Byrne's office. Notably, the filing states that Nauta and De Oliveira do not oppose the voluntary dismissal. The Justice Department declined to comment on the potential impact of this move on the possibility of Smith's report becoming public.Trump and his legal team, along with attorneys for Nauta and De Oliveira, had strongly opposed the release of the report. The case against Trump, Nauta, and De Oliveira was initially dismissed by U.S. District Judge Aileen Cannon, a Trump appointee, last year. They were accused of participating in a scheme to retain highly classified documents that remained in Trump's possession after his presidency ended in 2021 and obstructing the subsequent federal investigation. All three pleaded not guilty. Judge Cannon's dismissal was based on her finding that Smith's appointment as special counsel was illegal, which led to the Justice Department's appeal. The department had previously dropped charges against Trump in another case related to his efforts to overturn the 2020 election results, citing guidance from its Office of Legal Counsel that prohibits prosecuting a sitting president. A report on this case, focusing on the election interference allegations, was released earlier this month, containing information primarily from public court filings. A second volume of the report, which centered on the classified documents case, was blocked from release by Judge Cannon, despite House Democrats urging the Justice Department to withdraw the appeal involving Nauta and De Oliveira before Trump took office to allow for its publication. They argued that the potential for corruption outweighed any concerns about the release.
DONALD TRUMP JUSTICE DEPARTMENT CLASSIFIED DOCUMENTS APPEAL JACK SMITH REPORT WALT NAUTA CARLOS DE OLIVEIRA AILEEN CANNON SPECIAL COUNSEL ELECTION INTERFERENCE
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