In a surprising turn of events, Special Counsel Jack Smith’s team made a big move on Monday, pulling out from the Justice Department’s appeal in the classified documents case involving President-elect Donald Trump’s co-defendants.
Last month, Smith officially dropped charges against Trump in both the Florida case (involving the classified documents) and the case surrounding election interference in Washington, D.C. Smith explained that sitting presidents can’t be criminally prosecuted, according to a long-standing Justice Department policy.
However, there’s still a lot going on behind the scenes. Smith’s team had filed an appeal at the 11th U.S. Circuit Court of Appeals in Atlanta regarding Trump’s associates, Walt Nauta and Mar-a-Lago employee Carlos De Oliveira. Both of them have pleaded not guilty to charges of conspiring to obstruct justice. Prosecutors claim they tried to delete surveillance footage from Mar-a-Lago that showed boxes being moved around, possibly to hide important information from the FBI.
In a twist, Federal Judge Aileen Cannon ruled in July that Smith’s appointment as special counsel was unconstitutional, arguing that it needed approval from Congress. The DOJ didn’t let that decision stand and filed an appeal to the 11th Circuit in August. Now, Smith’s team has handed the case over to the Southern District of Florida office for further handling.
Here’s where it gets interesting: it seems likely that once Trump takes office, his administration will quickly move to drop the charges against Nauta and De Oliveira. Trump has been very vocal about claiming that these cases against him and his team are politically motivated, accusing them of trying to harm his chances in the election.
In comparison, the DOJ hasn’t brought any charges against President Joe Biden, even though classified documents were found at his private residence and office. Special Counsel Robert Hur testified in March that while Biden did commit a criminal offense, no charges would be filed, as a jury might consider him an “elderly man with a poor memory.”
In November, Trump expressed his frustration on social media, calling the charges a waste of taxpayer dollars and accusing the Democrats of trying to undermine him.
“It’s unbelievable that more than $100 million has been spent in this political fight against me. No country has ever seen anything like this,” he said.
Democratic Rep. James Clyburn even suggested that Smith might need a preemptive pardon from Biden before leaving office because of his role in prosecuting Trump. But Trump, in his usual fiery style, insisted that the cases against him were “empty and lawless,” adding that they never should have been brought in the first place.
The saga continues to unfold, and it’s clear that we’re far from a resolution. What’s next? Only time will tell.
