WASHINGTON, D.C. — The U.S. Court of Appeals for the Eleventh Circuit granted a motion on Tuesday to drop President-elect Donald Trump from special counsel Jack Smith’s appeal of the classified documents case, officially ending Trump’s prosecution on federal charges in the matter.
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“Appellant’s motion to dismiss the appeal as to Donald J. Trump only is GRANTED,” the Eleventh Circuit’s clerk wrote in a brief order.
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Trump Dismissed, Co-Defendants Remain
The decision follows Smith’s motion on Monday to dismiss the cases against Trump, citing a longstanding Department of Justice policy that prohibits prosecuting a sitting president. Smith, however, continues to pursue the appeal of U.S. District Judge Aileen Cannon’s earlier decision to dismiss charges against Trump’s co-defendants, Walt Nauta, Trump’s former valet, and Carlos De Oliveira, a Mar-a-Lago property manager.
Smith argues that Cannon’s ruling, which declared his appointment as special counsel unconstitutional, was “flawed” and should be reversed to allow the cases against Nauta and De Oliveira to proceed.
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Background of the Case
Trump faced 37 criminal counts last year related to his handling of classified documents, including allegations of refusing to return government records containing sensitive information about U.S. nuclear capabilities and national defense. Additionally, Trump, Nauta, and De Oliveira were accused of attempting to delete surveillance footage at Trump’s Mar-a-Lago estate, obstructing government efforts to retrieve the classified materials.
All three defendants pleaded not guilty to the charges.
Judge Cannon dismissed the case in July, asserting that Smith’s appointment as special counsel was unconstitutional because he was neither appointed by the president nor confirmed by Congress.
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Smith’s Legal Argument
In a filing Tuesday, Smith cited decades of precedent to challenge Cannon’s ruling. He referenced the Supreme Court’s decision more than 50 years ago in Nixon v. United States, which upheld the attorney general’s authority to appoint special prosecutors.
“The text, context, and history of the statutes, as well as the long-standing tradition of special-counsel appointments, affirm the validity of such appointments,” Smith argued.
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Reactions to the Decision
John Irving, an attorney for De Oliveira, criticized Smith’s persistence in pursuing charges against his client.
“The Special Counsel’s decision to proceed in this case even after dismissing it against President Trump is an unsurprising tribute to the poor judgment that led to the indictment against Mr. De Oliveira in the first place. Just because you can doesn’t mean you should,” Irving stated.
Broader Implications
Smith’s motion on Monday also included the dismissal of a separate case against Trump involving alleged efforts to overturn the 2020 presidential election results. Both dismissals stemmed from the DOJ’s policy granting immunity to sitting presidents.
Tuesday’s filing marks Smith’s final action against Trump as a defendant.
