The matter's been largely moot as to President Donald Trump since (former) Special Counsel Jack Smith dismissed the case against him shortly after Trump was reelected (aside from the scramble just ahead of his inauguration to release Smith's "Final Report").

But Trump had two co-defendants in the classified documents case: Walt Nauta and Carlos DeOliveira. And while the case was dismissed as to all defendants by Judge Aileen Cannon on the grounds that Smith's appointment (and the appropriations therefore) were unconstitutional, the DOJ appealed that dismissal, and that appeal remained pending as to Nauta and DeOliveira.

Jack Smith's Election Interference Case Against Donald Trump Is Officially Toast

Jack Smith Asks Court to Press Pause on Classifed Docs Case Appeal

As of Wednesday, that is no longer the case. 

JUST IN: The Justice Department is moving to drop special counsel Jack Smith's case against Trump allies Walt Nauta and Carlos DeOliveira, the last vestiges of Smith's Trump cases. pic.twitter.com/4IKJoJ6KuU

— Kyle Cheney (@kyledcheney) January 29, 2025

The Trump Justice Department has now formally moved to voluntarily dismiss its appeal of Judge Cannon's ruling. Moreover, the DOJ has moved to dismiss the appeal with prejudice — meaning the matter cannot be refiled (assuming the court grants the motion). 

That's a win (and no doubt a relief) as to Nauta and DeOliveira. Of note: The November dismissal of the appeal as to Trump was without prejudice — meaning it could theoretically be revived as to him. We'll have to see if the DOJ makes an adjustment on that front. 

That, of course, leaves the final determination as to the Appointments and Appropriations Clause issues up in the air. (Cannon found the Smith appointment in violation of them, but other district courts have reached a different conclusion, and the matter will not be taken up by the Supreme Court now with the cases dismissed.) 

In any event, the dismissal as to Nauta and DeOliveira brings the classified documents chapter to a close — at least for now — with the possible exception that this now will give those who lobbied heavily for the release of Volume 2 of Smith's report a renewed incentive to push for that again. 

The imminent dismissal of the charges is likely to revive calls from Democrats for the public release of Smith's final report on the classified documents. https://t.co/CPcTHHJNwJ pic.twitter.com/K00TWEmmQP

— Kyle Cheney (@kyledcheney) January 29, 2025