Federal prosecutors have decided to drop their remaining efforts to prosecute President Trump’s co-defendants in a case involving classified documents. The appeal was filed before Trump took office and sought to reinstate criminal charges against Walt Nauta and Carlos De Oliveira, who were accused of conspiring with Trump to obstruct government efforts to retrieve the documents. The case was dismissed by Judge Aileen M. Cannon, appointed by Trump, who ruled that the special counsel Jack Smith had been unlawfully appointed. Although Smith’s deputies challenged this decision, they had to drop the appeal regarding Trump after his re-election due to Justice Department policy prohibiting prosecution of a sitting president.
It was widely expected that Trump or the Justice Department would take action to have the case against Nauta and De Oliveira dropped. Nauta, in particular, is still a top personal aide to Trump. The remaining aspect of the classified documents case concerns a section of a report written by Smith, which has not been released. The section of the report related to another case against Trump, alleging he plotted to overturn the 2020 election, was released this month. During the Biden administration, the Justice Department had sought to release the classified documents section of the report to Congress, but Judge Cannon intervened last week to prevent this out of concern for potential public comments.
It is unlikely that the department will release the classified documents volume, as it is believed to contain damaging revelations about Trump and possibly future members of his administration. Several news organizations, including The New York Times, have filed Freedom of Information lawsuits to obtain a copy of the report. The case involving Nauta and De Oliveira still remains active despite the prosecutors dropping their appeal. However, the Justice Department has not provided an explanation for suddenly deciding to dismiss the appeal against the two co-defendants.
The case had reached the appeals court after Judge Cannon’s ruling, but the prosecutors did not immediately drop the appeal regarding Nauta and De Oliveira. With the appeal now being dropped, the case against the two men looks to be coming to a formal end. The involvement of Trump’s top personal aide in this case highlights the political nature of the legal proceedings, and the potential impact of the release of the classified documents section of the report remains uncertain. Despite the legal complexities, the case against Trump’s co-defendants appears to be winding down, leaving unresolved questions about the handling of classified information and the potential consequences for those involved.