WASHINGTON — On Wednesday, the Justice Department decided to discontinue all criminal proceedings against Walt Nauta and Carlos De Oliveira, who were co-defendants alongside former President Donald Trump in the classified documents investigation in Florida. This move effectively eliminates any legal consequences that the two men could have encountered regarding the case.
Nauta, a valet for Trump, and De Oliveira, the manager of the Mar-a-Lago property, faced charges for their involvement in an alleged conspiracy with Trump to obstruct an FBI inquiry into the retention of classified documents that Trump had taken with him post-presidency. The case initiated inquiry into the circumstances surrounding Trump’s collection of these top-secret materials after his current term wrapped.
U.S. District Judge Aileen Cannon had already dismissed the initial case back in July. She ruled that special counsel Jack Smith, who spearheaded the prosecution, had been improperly appointed by the Justice Department. Furthermore, following Trump’s victory in the November elections, Smith’s team paused their prosecution against Trump, adhering to an established Justice Department policy which argues that a sitting president cannot be indicted.
However, the appeal concerning the dismissal of charges against Nauta and De Oliveira remained active until Wednesday, when prosecutors informed the 11th U.S. Circuit Court of Appeals, based in Atlanta, that they were retracting the appeal, thereby officially concluding the legal proceedings.
In their formal notice, the prosecutors stated, “The United States of America moves to voluntarily dismiss its appeal with prejudice,” adding that the government had communicated with legal representatives for Nauta and De Oliveira, who had no objections to the requested dismissal.
Initially, the Justice Department had pledged to keep Smith’s report on the classified documents investigation private until all legal actions against Nauta and De Oliveira were resolved. Following the dismissal of the appeal, however, Democrats on the Senate Judiciary Committee reached out to acting Attorney General James McHenry, requesting access to the report as they prepare to review the nomination of Kash Patel as FBI director.
Patel had previously testified in front of the grand jury during the investigation back in 2022, after being granted immunity. There is anticipation that Trump’s Justice Department will choose to keep Smith’s report out of public view indefinitely.