An appeals court in Atlanta (Georgia) has accepted this Tuesday the request made by special prosecutor Jack Smith to dismiss the case against the elected president of the United States, donald trumpfor mishandling classified documents at his Florida residence.
The federal Eleventh Circuit Court of Appeals ruled this way after Smith asked on Monday for the dismissal of this case and another involving Trump’s alleged attempt to interfere in the results of the 2020 election, the latter accepted that same day by a federal magistrate.
In a brief brief, the federal appeals court announced that it “grants” the request made by Smith to dismiss the process against the former president (2017-2021) for the retention of classified documents in Mar-a-Lago, his residence and social club in Palm Beach.
Today’s decision, however, does not include the other two defendants in this complaint: Waltine Nauta and Carlos de Oliveira, personal assistant and manager of Trump’s Florida estate, respectively.
The special counsel’s team had filed an indictment against the Republican for illegal retention of confidential documents at Mar-a-Lago after leaving the White House in 2021, as well as obstruction.
Justice cannot prosecute a sitting president
Smith asked on Monday to dismiss both cases after arguing that Trump won the November 5 election and that Department of Justice (DOJ) regulations prevent it from prosecuting a sitting president.
In response to this, yesterday the federal judge of the District of Columbia Tanya Chutkan closed the case against the president-elect for electoral interference and the 2021 assault on the Capitol, to which today has been added the decision of the Eleventh District Court of Appeals, based in Atlanta.
Smith’s team had faced many difficulties in advancing both cases since the conservative-majority Supreme Court ruled in July that The country’s former presidents enjoy broad immunity from prosecution.
Smith’s abandonment represents a new judicial victory for Trump, who had accumulated up to four charges for criminal offenses.
“It was a political kidnapping and that something like that could have happened was a low point in the history of our country. However, I persevered and, against all odds, I WON,” the Republican declared this Monday upon learning of Smith’s decision.
Trump had already said during the campaign that on his first day as president he would fire Smith and would order the prosecutor’s office to close the cases against him that, according to him, were motivated by political persecution.