Trump's second term begins with an unusual legal situation in his classified documents case. The DOJ's attempt to reinstate charges against his co-defendants raises questions about how the case will be handled during his presidency. Will Trump pardon them? Will the DOJ withdraw the appeal? The outcome also impacts the release of special counsel Jack Smith's report on the documents case.
Donald Trump ’s second term is beginning with an unusual legal situation unfolding in the classified documents case. Technically, the Justice Department is still attempting to reinstate the charges that U.S. District Judge Aileen Cannon dismissed last year. At least, it’s trying to reinstate them against Trump’s former co-defendants, Walt Nauta and Carlos De Oliveira, after the DOJ withdrew the bid as to Trump in light of DOJ policy against prosecuting sitting presidents.
That means the federal government has been pursuing an appeal that, if successful, could lead to a trial during Trump’s presidency centered on his alleged criminality surrounding national defense information and obstructing justice. (Trump pleaded not guilty in all four of his criminal cases, with the only one of them that went to trial, in New York state court, resulting in a conviction.) Of course, no one expects the government to seriously pursue the matter for much longer. The question appears to be not if, but when and how the matter is buried. Will Trump pardon his former co-defendants? Will the DOJ withdraw the appeal after new leadership gets up and running? These are among the many legal questions prompted by the 2024 election outcome. Furthermore, however the documents case is likely quashed raises questions for another aspect of the case that also implicates the new DOJ leadership: special counsel Jack Smith’s report. Former Attorney General Merrick Garland publicly released the volume on the federal election interference case, but he agreed to keep the documents volume shelved so long as the prospect of a trial against Nauta and De Oliveira remained. So in the likely event that that prospect is eliminated — whether by pardons or DOJ withdrawing the appeal — then the reason for keeping the documents report volume secret would be eliminated, too. Of course, that doesn’t mean that Trump’s new attorney general would permit its public release, but it raises another question for how new DOJ personnel will handle the subject.Separately from the government’s (technically still) pending appeal in the 11th U.S. Circuit Court of Appeals, there’s also the (technically still) pending litigation in front of Judge Cannon, over whether the DOJ can confidentially share the documents volume with certain members of Congress. Cannon held a hearing about it on Friday and said she didn’t see the urgency in permitting members of Congress to see the volume (something the DOJ argued wasn’t any of Cannon’s business but rather a matter between the executive and legislative branches). Now, it’s an open question of who, if anyone else, will see the remaining Smith volume — and when.
DONALD TRUMP CLASSIFIED DOCUMENTS LEGAL CASE JUSTICE DEPARTMENT JACK SMITH SPECIAL COUNSEL WALT NAUTA CARLOS DE OLIVEIRA AILEEN CANNON
United States Latest News, United States Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Trump Lawyers Demand DOJ Withhold Special Counsel Report on Trump InvestigationsTrump's lawyers called for the withholding of the special counsel's report on his investigations, while activists urged Attorney General Garland to release it immediately.
Read more »
DOJ Inspector General Report Reveals Leaks Targeting Trump's ElectionThe Department of Justice (DOJ) Inspector General (IG) released a report indicating that three senior DOJ officials leaked confidential information to media outlets days before the 2020 election. The leaks, aimed at potentially damaging Donald Trump's electoral prospects, involved non-public information about ongoing DOJ investigations. The report also alleges that one of these officials violated social media policies by reposting links to the news articles on a DOJ account. The matter has been referred to the U.S. Office of Special Counsel for potential Hatch Act violations.
Read more »
Trump Nominates Ted Cruz’s Chief of Staff to Lead DOJ’s Office of Legal PolicySource of breaking news and analysis, insightful commentary and original reporting, curated and written specifically for the new generation of independent and conservative thinkers.
Read more »
Trump announces newest nominations to lead DOJ, regulate US railroadsPresident-elect Trump announced Saturday Aaron Reitz, Chad Mizelle and David Fink will serve in various Department of Justice and Department of Transportation roles starting in January.
Read more »
Trump Names Cruz Chief of Staff as DOJ Legal Policy HeadFormer President Donald Trump has selected Aaron Reitz, the chief of staff for Senator Ted Cruz, to head the Department of Justice's Office of Legal Policy. Reitz previously served as Deputy Attorney General for Texas.
Read more »
Trump vows to use DOJ to enact death penalty after Biden sentence commutationsPolitical News and Conservative Analysis About Congress, the President, and the Federal Government
Read more »