The Corner

As Expected, Trump DOJ Drops Appeal Against the Co-Defendants in Trump’s Documents Case

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Left: Judge Aileen Cannon. Right: Former president Donald Trump

Southern District of Florida/Wikimedia, Brian Snyder/Reuters

The Trump Justice Department has formally alerted the Eleventh Circuit federal appellate court that it is dropping the government’s appeal of Judge Aileen Cannon’s decision dismissing the indictment in the Mar-a-Lago documents case brought by Biden DOJ special counsel Jack Smith.

Last year, Judge Cannon, of the federal district court in South Florida, threw out the charges against Trump and two co-defendants, Waltine Nauta and Carlos De Oliveira, on the rationale that Smith’s special counsel appointment by Biden’s attorney general, Merrick Garland, violated the Constitution’s appointments clause.

Andrew C. McCarthy

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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