Special counsel Jack Smith filed to dismiss the two federal cases against Donald Trump, but that doesn't mean one of them will disappear anytime soon.
MSNBC host Katie Phang and legal analyst Lisa Rubin both pointed out that Trump's aides, Carlos De Oliveira and Walt Nauta are both still on the hook for participating in the classified documents scandal.
The three men were accused of an effort to obstruct justice by deleting security footage the Justice Department was requesting in the investigation.
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Trump was indicted for mishandling classified documents and a scheme to cover up the documents scandal with the other two men.
"For what it's worth, the DOJ has moved to dismiss the classified documents case only against Trump," said Katie Phang on the social media site Bluesky. "The prosecution of his co-defendants, Walt Nauta and Carlos de Oliveira, will continue because “no principle of temporary immunity applies to them.”
Florida Judge Aileen Cannon dismissed the classified documents case, ruling the special counsel's appointment was unconstitutional. The case was then sent to the 11th Circuit Court of Appeals.
"Smith argues that dismissing the appeal (currently pending before the 11th Circuit) will 'leave in place the district court’s order dismissing the indictment without prejudice' as to Trump," Phang said.
"The practical problem here, though, is that Trump can just pardon Nauta and de Oliveira because these are federal crimes," she added.
