Despite dropping charges against President-elect Donald Trump in the classified documents case, the Department of Justice (DOJ) under President Joe Biden continues to pursue legal action against Trump’s co-defendants. Special Counsel Jack Smith, who previously spearheaded two federal indictments against Trump, formally requested on Tuesday that the case against Trump himself be dismissed, citing principles of presidential immunity.
However, Smith has maintained his focus on co-defendants Walt Nauta, Trump’s longtime aide, and Carlos De Oliveira, a Mar-a-Lago property manager, leaving them to face criminal charges stemming from the investigation into alleged mishandling of classified documents.
The case originated from a highly publicized FBI raid on Trump’s Mar-a-Lago estate, which led to accusations that the former president improperly handled classified materials after leaving office. Initially, Trump faced 38 criminal counts related to the case. However, this summer, U.S. District Judge Aileen Cannon dismissed the case, ruling that Smith’s appointment as special counsel circumvented congressional oversight and was therefore unconstitutional.
While Smith sought to appeal Judge Cannon’s decision, his efforts shifted dramatically after Trump’s 2024 election victory. Smith dropped part of his appeal, asking for the charges against Trump alone to be dismissed. In his motion, Smith cited the Supreme Court’s precedent on presidential immunity, noting, “The appeal concerning the other two defendants will continue because, unlike defendant Trump, no principle of temporary immunity applies to them.”
Despite dropping the charges against Trump, Smith doubled down on his criticism of Cannon’s ruling, calling her legal analysis “flawed” and asserting that the Attorney General has long-held authority to appoint special prosecutors, including special counsels like himself.
While Trump has been spared further legal entanglements in this case, his allies remain in Smith’s legal crosshairs. Nauta faces eight criminal charges, while De Oliveira is charged with four counts. Both men have staunchly denied any wrongdoing.
John Irving, De Oliveira’s attorney, criticized Smith’s persistence in pursuing charges against his client. In a statement to the New York Post, Irving lambasted the decision, saying, “The special counsel’s decision to proceed in this case even after dismissing it against President Trump is an unsurprising tribute to the poor judgment that led to the indictment against Mr. De Oliveira in the first place. Just because you can doesn’t mean you should. If they prefer a slow acquittal, that’s fine with us.”
Nauta’s legal team declined to comment publicly on the matter.
Smith’s pursuit of Trump and his associates has reportedly cost taxpayers at least $50 million, a figure that has drawn sharp criticism from Trump and his allies. In the wake of the charges being dropped against him, Trump pledged swift action against Smith upon taking office, vowing to fire the special counsel “within two seconds” of his inauguration.
Sources familiar with the investigation have suggested that Smith may be preparing to retire ahead of Trump’s Inauguration Day, with plans to wrap up ongoing cases. A spokesperson for Smith’s office confirmed that upon its closure, “ongoing matters can be transferred to other components of the Department of Justice and the FBI.”
Smith’s continued pursuit of Nauta and De Oliveira has drawn mixed reactions from legal experts and political commentators. Some argue that pressing forward with the cases demonstrates a commitment to accountability, while others view it as overreach and politically motivated prosecution.
Critics like Irving have pointed to the substantial resources expended on the investigation as evidence of misplaced priorities. “This is an unwarranted use of taxpayer money and judicial resources,” he stated.
Supporters of the investigation, however, contend that the DOJ’s actions are necessary to uphold the rule of law, regardless of political implications.
The decision to drop charges against Trump while continuing to target his associates underscores the complexities of prosecuting high-profile political figures. While Smith’s invocation of presidential immunity spared Trump from further legal entanglements in this case, the charges against Nauta and De Oliveira highlight the DOJ’s determination to pursue alleged misconduct among those in Trump’s inner circle.
For Trump’s allies, the legal battles may serve as both a financial and reputational strain, even as they maintain their innocence. Meanwhile, the dismissal of charges against the president-elect allows Trump to focus on his incoming administration and his campaign promises, including holding federal agencies accountable for perceived overreach.
As the DOJ presses forward, the remaining cases against Trump’s co-defendants are poised to become another flashpoint in the broader battle between Trump’s camp and the Biden administration. Whether these cases will result in convictions or further political controversy remains to be seen.
