Justice Department Moves to Drop Appeal in Classified Documents Case Against Trump Co-Defendants
The decision to end the appeal comes after a federal court dismissed charges against Trump’s former aides over the handling of classified materials.
WASHINGTON — The Justice Department announced on Wednesday that it is moving to drop its appeal of a federal court order that dismissed the criminal charges against President Donald Trump’s former co-defendants in the classified documents case, effectively bringing the case to a close.
Attorney General Merrick Garland had previously withheld the release of Special Counsel Jack Smith's report on the case, citing the pending appeal and concerns that its public disclosure could interfere with the due process rights of co-defendants Walt Nauta and Carlos De Oliveira. Garland’s decision also prevented the report’s release while an appeal was underway.
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, who took over the case after Smith’s resignation earlier this month. The Justice Department's filing requests that the 11th U.S. Circuit Court of Appeals dismiss the appeal “with prejudice,” meaning the case cannot be revived in the future.
Nauta and De Oliveira, both key figures in the case, have reportedly consented to the dismissal of the appeal. The appeals court must still approve the Justice Department’s request for the dismissal to be finalized.
A spokesperson for the Justice Department declined to comment on whether the decision would affect the possibility of Smith's report being made public. Trump and his co-defendants had previously objected to the release of the report, citing privacy and legal concerns.
The case stems from allegations that Trump, Nauta, and De Oliveira were involved in a scheme to unlawfully retain classified documents after Trump left the White House in 2021. The trio was also charged with obstructing a federal investigation into the matter. All three have pleaded not guilty to the charges.
U.S. District Judge Aileen Cannon, a Trump appointee, dismissed the case against Trump, Nauta, and De Oliveira in July, ruling that Smith's appointment as special counsel was flawed, which triggered the current appeal process. The Justice Department had also dropped its case against Trump after his 2020 election loss, citing the Office of Legal Counsel's guidance that a sitting president cannot be prosecuted.
In another significant development on Wednesday, acting U.S. Attorney Ed Martin moved to dismiss a case against former Rep. Jeff Fortenberry of Nebraska, a Trump ally. Fortenberry had been convicted in 2022 of lying to federal authorities about an illegal campaign contribution. The case was dismissed after an appeals court ruled the venue was improper, and the case was refiled in Washington, D.C.
Trump praised the Justice Department’s actions, celebrating the dismissal of Fortenberry’s case on social media, calling it a victory for justice and criticizing what he referred to as a "Witch Hunt" against the former congressman.
"The charges were totally baseless," Trump wrote. "That scam is now over, so Jeff and his family can go back to having a great life together, and be a part of our country’s future as we MAKE AMERICA GREAT AGAIN."