The 11th Circuit Court of Appeals on Tuesday granted special counsel Jack Smith’s request to drop the federal case against President-elect Donald Trump over retaining classified documents, officially ending the legal battle against him in this matter.
The court’s decision follows Smith’s motion to dismiss the appeal after a ruling by Judge Aileen Cannon struck down the case, deeming Smith’s appointment as special counsel unlawful. Legal experts saw Smith’s appeal of Cannon’s decision as having a strong chance of success, given that it contradicted 50 years of legal precedent surrounding special counsel regulations. Nonetheless, the case has now been set aside due to Trump’s impending inauguration and Department of Justice (DOJ) policy prohibiting the prosecution of sitting presidents.
The classified documents case was one of two major federal investigations Smith brought against Trump, the other relating to alleged election interference. Both cases have now been dismissed without prejudice, though charges remain against Trump’s co-defendants in the Florida case — valet Walt Nauta and Mar-a-Lago property manager Carlos de Oliveira.
Serious Allegations Set Aside
Prosecutors had charged Trump under the Espionage Act and with obstruction of justice after he allegedly refused repeated government requests to return classified White House documents, including defying a subpoena. The investigation revealed that over 300 classified documents, some marked with the highest levels of sensitivity, were found during an unprecedented FBI search of Trump’s Mar-a-Lago estate.
Photographs from the search showed boxes of sensitive materials stored in a bathroom and on a ballroom stage, with some contents spilled onto the floor. The recovered documents included details about U.S. nuclear capabilities and intelligence from human sources, raising significant national security concerns.
A superseding indictment also alleged efforts by Trump to conceal evidence, claiming he coordinated with Nauta and De Oliveira to delete surveillance footage showing the movement of boxes around the property.
Judge Cannon’s Controversial Rulings
The case against Trump hinged heavily on Judge Cannon’s earlier decision to dismiss the charges, a move widely criticized by legal scholars. Her ruling stood in stark contrast to prior rulings affirming the legality of special counsel appointments, and the appellate court had previously reversed one of her decisions in the case.
Despite this, the Supreme Court’s recent determination that former presidents have broad immunity for actions taken while in office further complicated Smith’s efforts. Observers considered the classified documents case to be the stronger of the two brought by Smith, as it primarily focused on conduct after Trump left the White House.
Implications and Remaining Cases
The dismissal marks the conclusion of a legal saga that posed significant risks for Trump, given the gravity of the classified documents and obstruction charges. However, the case will proceed against Nauta and De Oliveira, who face similar accusations of mishandling evidence and obstructing justice.
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