A federal appeals court dismissed the appeal charges brought against President Donald Trump aides Waltine Nauta and Carlos De Oliveira by former Special Counsel Jack Smith in his classified documents case, Fox News Digital has learned.
The 11th Circuit Court of Appeals dismissed the case against Nauta and De Oliveira on Tuesday morning, two weeks after the Justice Department moved to drop the charges.
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Nauta, Trump’s valet, and De Oliveira, the property manager of Trump’s Mar-a-Lago estate in Palm Beach, Florida, had pleaded not guilty to federal charges alleging they conspired to obstruct the FBI investigation into classified documents found at Mar-a-Lago.
The Justice Department had filed a motion in January to drop all criminal proceedings against Nauta and De Oliveira, putting an end to Smith’s probe more than two years after it began.
Waltine Nauta, left, 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.
Carlos De Oliveira, center, an employee of Donald Trump’s Mar-a-Lago estate, arrives for a court appearance with attorney John Irving, at the James Lawrence King Federal Justice Building, in July 2023, in Miami. (Wilfredo Lee/The Associated Press)
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Smith also was tasked with overseeing the investigation into whether Trump or other officials and entities interfered with the peaceful transfer of power following the 2020 presidential election, including the certification of the Electoral College vote on Jan. 6, 2021.
Smith charged Trump in both cases, but Trump pleaded not guilty.
A federal appeals court dismissed the appeal 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, pictured here. (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 Special Counsel Jack 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.
