Jack Smith still has Trump's allies in legal crosshairs, despite dropping case against president-elect

President Joe Biden's Department of Justice is still targeting Donald Trump's co-defendants in the classified documents case despite ending its lawfare against the president-elect.

Special counsel Jack Smith, who has led two federal indictments against Trump, requested on Tuesday that the case be dismissed against "Trump only."

'Just because you can doesn't mean you should.'

The case out of Florida, which accused Trump of mishandling classified documents after the government led a raid on his Mar-a-Lago estate, was previously dismissed by Judge Aileen Cannon of the Southern District of Florida in the summer. Cannon ruled that Smith's appointment was unconstitutional because it circumvented Congress.

Smith then moved to appeal her ruling but pulled part of his request after Trump secured the presidency. Smith has continued to pursue an appeal in the case against Trump's co-defendants: longtime aide Walt Nauta and Mar-a-Lago property manager Carlos De Oliveira.

Nauta faces eight criminal charges, while De Oliveira is charged with four counts. Before the case was dropped against Trump, the president-elect was charged with 38 counts.

"The appeal concerning the other two defendants will continue because, unlike defendant Trump, no principle of temporary immunity applies to them," Smith wrote in his motion to dismiss the appeal against Trump, citing the Supreme Court's ruling on presidential immunity.

In a separate filing, Smith called Cannon's ruling to dismiss the case over his appointment a "flawed analysis."

"The Supreme Court held more than 50 years ago that Congress vested the Attorney General with the power to appoint special prosecutors like the Special Counsel," Smith claimed.

John Irving, De Oliveira's lawyer, told the New York Post that Smith's decision to pursue the charges against a Mar-a-Lago employee was "poor judgment."

"The special counsel's decision to proceed in this case even after dismissing it against President Trump is an unsurprising tribute to the poor judgment that led to the indictment against Mr. De Oliveira in the first place," Irving said. "Just because you can doesn't mean you should. If they prefer a slow acquittal, that's fine with us."

Nauta's lawyer did not respond to a request for comment from the Post.

Smith has reportedly already wasted at least $50 million in taxpayer funds to pursue the lawfare against Trump and his allies.

Trump pledged to fire Smith "within two seconds" of taking office. Sources also reportedly told the New York Times that Smith was planning to wrap up the cases and retire ahead of Inauguration Day.

In a statement to the Post, a spokesperson for Smith's office explained that upon the office's closure, its duties and ongoing matters can be transferred to "other components of the Department of Justice and the FBI."

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