Federal appeals court dismisses classified records case against former Trump co-defendants

A federal appeals court dismissed the appeal charges brought against Trump aides Waltine Nauta and Carlos DeOliveira by former Special Counsel Jack Smith in his classified documents case, Fox News Digital has learned.

Waltine Nauta takes a phone from former President Donald Trump at a golf event in Virginia. (Alex Brandon/The Associated Press)

Former Attorney General Merrick Garland appointed Smith, a former Justice Department official, as special counsel in November 2022. 

Smith, a former assistant U.S. attorney and chief to the DOJ's public integrity section, led the investigation into Trump's retention of classified documents after leaving the White House and whether the former president obstructed the federal government's investigation into the matter. 

A federal appeals court dismissed the charges brought against Waltine Nauta, Donald Trump’s valet, and Carlos De Oliveira, the property manager of Trump’s Mar-a-Lago estate in Palm Beach, Florida. (Steve Helber/The Associated Press)

The classified records case was dismissed in July 2024 by U.S. District Court for the Southern District of Florida Judge Aileen Cannon, who ruled that Smith was unlawfully appointed as special counsel. 

Smith charged Trump in the U.S. District Court for Washington, D.C., in his 2020 election case, but after Trump was elected president, Smith sought to dismiss the case. Judge Tanya Chutkan granted that request. 

Both cases were dismissed. 

Former Special Counsel Jack Smith led the investigation into Donald Trump's retention of classified documents after leaving the White House. (Alex Wong/Getty Images)

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The Justice Department, in January, fired more than a dozen key officials who worked on Smith’s team prosecuting the president, after then-acting Attorney General James McHenry said they could not be trusted in "faithfully implementing the president’s agenda." 

Acting Deputy Attorney General Emil Bove has also directed acting FBI Director Brian Driscoll to identify agents involved in Jan. 6 prosecutions for internal review. 

Brooke Singman is a political correspondent and reporter for Fox News Digital, Fox News Channel and FOX Business.

https://www.foxnews.com/politics/federal-appeals-court-dismisses-classified-records-case-against-former-trump-co-defendants