The U.S. Court of Appeals for the Eleventh Circuit formally dropped President-elect Donald Trump from special counsel Jack Smith’s appeal in the classified documents case on Tuesday, effectively ending federal prosecution against Trump in this matter.
“Appellant’s motion to dismiss the appeal as to Donald J. Trump only is GRANTED,” the court stated in a brief one-sentence order.
Special counsel Smith filed the motion to dismiss Trump from the case on Monday, citing a long-standing Justice Department policy that prohibits the prosecution of a sitting president. However, Smith continues to appeal U.S. District Judge Aileen Cannon’s dismissal of charges against Trump’s co-defendants, Walt Nauta, his longtime valet, and Carlos De Oliveira, Mar-a-Lago’s property manager.
In a separate filing, Smith urged the Eleventh Circuit to overturn Judge Cannon’s decision to dismiss the classified documents case. He argued that the case’s dismissal was based on questions surrounding the constitutionality of his appointment as special counsel.
While Trump is now excluded from the appeal, the case against Nauta and De Oliveira remains active as legal battles over the handling of classified documents continue.