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Special Counsel Jack Smith withdraws from Trump documents case, hands prosecution to Florida U.S. Attorney

By willowt // 2025-01-03

• Smith has formally stepped back from prosecuting Trump’s co-defendants, Walt Nauta and Carlos de Oliveira, transferring the case to the U.S. Attorney’s Office for the Southern District of Florida.
• Nauta and de Oliveira, accused of obstructing justice and concealing classified documents at Mar-a-Lago, have pleaded not guilty. The case stems from the FBI’s 2022 raid, which recovered hundreds of classified documents.
• Smith previously dropped the classified documents case against Trump, citing DOJ policy prohibiting the prosecution of a sitting president. A separate federal case in D.C. related to the 2020 election was also dismissed.
• The case against Nauta and de Oliveira is now before the 11th Circuit Court of Appeals, challenging a lower court’s ruling that Smith’s appointment as special counsel was unconstitutional.
• The Southern District of Florida will take over the prosecution, with the outcome likely to have significant political and legal ramifications. Smith is expected to issue a final report before stepping down as special counsel.

In a significant development in the ongoing legal saga surrounding President-elect Donald Trump, Special Counsel Jack Smith has formally withdrawn from the classified documents case involving two of Trump’s co-defendants, Walt Nauta and Carlos de Oliveira. The case, which has been a focal point of political and legal scrutiny, has now been transferred to the U.S. Attorney’s Office for the Southern District of Florida, marking a pivotal shift in the prosecution’s strategy. The move comes after Smith’s office filed a motion on Monday to withdraw five attorneys associated with the special counsel’s office from the case. The filing stated that the case has been referred to the Southern District of Florida, which has already entered an appearance in the matter. This transfer effectively ends Smith’s direct involvement in the prosecution of Nauta and de Oliveira, who were charged alongside Trump in a broader conspiracy to obstruct justice and conceal classified documents. Nauta, Trump’s personal valet, and de Oliveira, the property manager of Trump’s Mar-a-Lago estate in Palm Beach, Florida, were accused of hiding boxes of records from federal investigators. The charges against them include obstruction of justice, making false statements to investigators, and various counts related to the concealment of documents. Both men have pleaded not guilty to all charges. The case stems from the FBI’s August 2022 raid on Mar-a-Lago, during which agents recovered approximately 300 documents with classified markings among thousands of pages of records from Trump’s presidency. Prosecutors alleged that Trump mishandled these documents after leaving the White House in 2021, storing them in various locations at Mar-a-Lago, including a ballroom stage and a bathroom. The boxes were reportedly shuffled between rooms, with some contents spilling onto the floor.

Little point in proceeding

Smith’s decision to withdraw from the case follows his earlier move to drop charges against Trump himself, citing a longstanding Department of Justice (DOJ) policy that prohibits the prosecution of a sitting president. In November, Smith dismissed the classified documents case against Trump without prejudice, effectively ending the prosecution while leaving the door open for future action. At the same time, Smith’s office dropped a separate federal case in Washington, D.C., which accused Trump of illegally attempting to overturn the 2020 election. In court filings, Smith’s team explained that the DOJ’s Office of Legal Counsel had determined that the Constitution’s prohibition on indicting a sitting president applied to Trump’s situation. The filing stated that this prohibition is categorical and does not depend on the gravity of the alleged crimes or the strength of the evidence. As a result, the government moved for dismissal without prejudice, a motion that was swiftly granted by U.S. District Judge Tanya Chutkan in Washington. Trump has consistently maintained that both federal cases against him were politically motivated and designed to undermine his chances of reelection. In a post on Truth Social last month, Trump celebrated Smith’s decision to drop the cases, writing, “I persevered, against all odds, and WON.” He added, “These cases, like all of the other cases I have been forced to go through, are empty and lawless, and should never have been brought.” While the dismissal of the cases against Trump marks a significant victory for the president-elect, the legal battle continues for Nauta and de Oliveira. The case is currently before the 11th Circuit Court of Appeals, where Smith had challenged a ruling by U.S. District Judge Aileen Cannon, who dismissed the case in July on the grounds that Smith’s appointment as special counsel was unconstitutional. The Justice Department has argued that Cannon’s decision defied 50 years of precedent regarding special counsels.

What's next for this case

With Smith’s withdrawal, the case now falls to federal prosecutors in Florida, led by U.S. Attorney Markenzy Lapointe. It remains to be seen how the Southern District of Florida will proceed with the prosecution of Nauta and de Oliveira, particularly in light of the ongoing appeals process and the broader political implications of the case. As the legal drama unfolds, one thing is clear: the battle over the classified documents case is far from over. For Trump, the dismissal of the charges against him represents a vindication of his claims of political persecution. For his co-defendants, however, the fight continues, with the outcome likely to have far-reaching consequences for all parties involved. In the coming weeks, Smith is expected to issue a final report on his investigations to Attorney General Merrick Garland before stepping down as special counsel. As the nation prepares for Trump’s inauguration, the legal and political fallout from these cases will undoubtedly remain a topic of intense debate and scrutiny. For now, the spotlight shifts to Florida, where the next chapter in this legal drama is set to unfold. Sources include: EpochTimes.com TheHill.com ABCNews.com

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