The top federal prosecutor in South Florida, Acting U.S. Attorney Hayden O’Byrne, has requested the 11th Circuit Court of Appeals to dismiss the case against Walt Nauta and Carlos de Oliveira, two former co-defendants of President Donald Trump in the classified documents investigation.
The motion to dismiss, filed on Wednesday, comes as both Nauta and de Oliveira’s lawyers do not oppose the request. With no resistance expected, legal experts believe the Atlanta-based appeals court is likely to grant the motion, officially closing the high-profile case initially pursued by former special counsel Jack Smith.
Background of the Case
In 2023, Nauta, a former aide to Trump, and de Oliveira, a former property manager at Mar-a-Lago, were charged alongside Trump for allegedly obstructing a federal investigation into the mishandling of classified documents after Trump left the White House in January 2021.
The charges included accusations that the three co-defendants worked to conceal sensitive government materials from the Justice Department (DOJ). Trump, Nauta, and de Oliveira pleaded not guilty, maintaining that they did not violate any federal laws.
However, in July 2024, U.S. District Judge Aileen Cannon dismissed the charges against all three defendants, ruling that Smith’s appointment as special counsel was unlawful.
- Smith’s Appointment Controversy: Judge Cannon’s ruling centered on the legality of Smith’s role, which was deemed improperly authorized, leading to the dismissal of the case.
- Appeal Filed: Smith appealed the decision to the 11th Circuit, but Trump’s victory in the 2024 election complicated the case further.
Impact of Trump’s Return to Office
Following Trump’s re-election in November 2024, Smith requested to be removed from the case, citing the DOJ’s policy that prohibits the prosecution of a sitting president. The case continued, however, against Nauta and de Oliveira, until O’Byrne’s recent request to dismiss it entirely.
Trump’s administration has made significant changes within the DOJ, including firing about a dozen officials who had worked with Smith on the investigation. Trump’s return to office has also fueled efforts to reverse what he calls the “weaponization” of the DOJ, with several politically sensitive cases now facing review or dismissal.
Key Legal Developments
1. Closing the Classified Documents Case
If the 11th Circuit Court of Appeals grants the dismissal request, the charges against Nauta and de Oliveira will be formally dropped. The case’s closure would also remove an obstacle to the potential release of the second volume of Jack Smith’s report, which focused on the classified documents investigation.
The first volume of Smith’s report, which dealt with Trump’s alleged efforts to overturn the 2020 election, was released before Trump returned to office. However, the second volume, dealing with classified documents, has remained under seal due to the ongoing appeal. With the case likely ending, questions remain over whether the report will be made public.
2. Statements from Nauta and de Oliveira’s Lawyers
- Stanley Woodward, Nauta’s attorney, has since taken a role as a White House lawyer under the Trump administration.
- John Irving, de Oliveira’s attorney, who is reportedly under consideration for a top DOJ position, released a statement celebrating the dismissal request.
“Carlos should never have been charged in the first place, and I have zero doubt that he would have been acquitted at trial,” Irving said. “It’s nice to see the Justice Department using better judgment these days.”
The Classified Documents Case: A Recap
The charges against Trump, Nauta, and de Oliveira stemmed from a DOJ investigation led by former special counsel Jack Smith, who accused them of obstructing efforts to recover classified government documents stored at Mar-a-Lago.
In August 2022, the FBI executed a court-authorized search warrant at Trump’s Florida residence, seizing classified materials. The investigation gained significant attention and became a key point of contention during the 2024 presidential election.
Trump and his legal team argued that the investigation was politically motivated, a stance echoed by his allies in Congress and the GOP.
Potential Implications
1. DOJ Under Trump’s Administration
The dismissal of the classified documents case reflects broader changes under Trump’s second term. His administration has been focused on reshaping the DOJ and re-evaluating politically sensitive cases initiated under former President Joe Biden’s administration.
2. Fate of Jack Smith’s Report
With the case against Nauta and de Oliveira likely to be dismissed, pressure is mounting on whether the second volume of Smith’s report will be made public. The report could potentially contain key details about the investigation, but its release depends on the Trump administration’s decision.
3. Long-Term Impact on DOJ Investigations
The dismissal could have a chilling effect on future efforts to investigate sitting or former presidents, as it highlights the political risks associated with pursuing high-profile cases. Critics argue that it may set a precedent that limits the DOJ’s ability to hold high-ranking officials accountable.
The dismissal of the case against Walt Nauta and Carlos de Oliveira marks a significant turning point in the classified documents investigation that once posed legal challenges for Trump and his allies.
With the DOJ under Trump’s control and Jack Smith’s report partially under wraps, the case highlights the complex intersection of law, politics, and justice in the post-2024 landscape.
As the legal battle winds down, attention will shift to whether the public will gain access to the full details of the investigation and how the DOJ’s role will evolve under Trump’s administration.