DOJ drops appeal against co-defendants

The Department of Justice on Wednesday ends its attempt to prosecute two men for their alleged efforts to help their former co-defendant President Donald Trump hide classified government documents from officials seeking their recovery.

The DOJ, in a court filing, asked to voluntarily dismiss an appeal that sought to revive its criminal case against the men: Trump’s valet Walt Nauta, and Carlos De Oliveira, a worker at Trump’s Mar-a-Lago club in Palm Beach, Florida.

The filing at the 11th Circuit U.S. Court of Appeals was signed by Miami U.S. Attorney Hayden O’Byrne.

“The government has conferred with counsel for Appellees Waltine Nauta and Carlos De Oliveira, who do not object to the voluntary dismissal,” the filing said.

The DOJ weeks after November’s election dropped an appeal that sought to revive the criminal case against Trump because of a department policy that bars prosecutions of sitting presidents.

The department was expected to drop its effort to prosecute Nauta and DeOlivera because of Trump’s authority as president to order the DOJ to take actions.

Trump had been charged by then-special counsel Jack Smith in U.S. District Court in south Florida with crimes related to his retention of classified documents at Mar-a-Lago after the end of his first term in the White House in January 2021, and with obstructing the recovery of those records by government officials.

In July, District Court Judge Aileen Cannon, whom Trump nominated to the bench, dismissed the case against Trump, Nauta and De Oliveira.

Cannon in a ruling wrote that Smith’s appointment as special counsel by then-Attorney General Merrick Garland violated the appointments clause of the U.S. Constitution.

The DOJ then filed an appeal at the 11th Circuit, asking that court to reverse Cannon’s decision.

The department voluntarily dismissed that appeal as it related to Trump on Nov. 25.