President Trump’s DOJ asked the 11th Circuit Court of Appeals to drop Jack Smith’s classified documents case on Wednesday.
NBC News reported:
The Justice Department on Wednesday moved to drop its appeal of a federal court order dismissing the criminal charges against President Donald Trump’s former co-defendants in the classified documents case, which would effectively end the case.
Then-U.S. Attorney General Merrick Garland had cited the pending appeal as the reason why he would not publicly release special counsel Jack Smith’s report on the criminal case he’d brought against Trump, saying it could impact the due process rights of the co-defendants, Walt Nauta and Carlos De Oliveira.
The Justice Department’s motion to the 11th U.S. Circuit Court of Appeals to drop the appeal was filed by Hayden O’Byrne. O’Byrne was named interim U.S. attorney for the Southern District of Florida this week, the Miami Herald reported.
Judge Aileen Cannon over the summer dismissed Jack Smith’s classified documents case based on unlawful appointment and funding of the special counsel.
The charges waged against Trump and his co-defendants Walt Nauta and Carlos De Oliveira were all tossed.
Jack Smith indicted Trump on 37 federal counts in Miami in June 2023 for lawfully storing presidential records at his Mar-a-Lago estate which was protected by Secret Service agents.
Trump was charged with 31 counts under the Espionage Act of willful retention of national defense information and 6 other process crimes stemming from his conversations with his lawyer.
Cannon dismissed Jack Smith’s case based on both unconstitutional elements: The appointment by US Attorney Merrick Garland and the unlimited funding given to Jack Smith – both without the approval of Congress.
Trump’s Justice Department went scorched earth on Monday and fired more than a dozen officials who worked on former Special Counsel Jack Smith’s team.
Acting Attorney General James McHenry said Jack Smith’s prosecutors and aides cannot be trusted so he terminated more than a dozen of them.
The names of the fired officials were not released.
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