House Dems push Garland to drop charges, release second part of Jack Smith report

House Judiciary Democrats penned a letter Wednesday asking outgoing U.S. Attorney General Merrick Garland to drop the charges against President-elect Donald Trump’s former co-defendants in the classified documents case. 

They want Trump’s valet Walt Nauta and Carlos De Oliveira, the property manager of Trump’s Mar-a-Lago estate in Palm Beach, Florida, to walk from the charges so that Garland can release the second volume, which is related to the classified documents case, of Special Counsel Jack Smith’s report. Smith resigned from the Justice Department on Friday. Garland said he will not release the second volume because both men still face prosecution. 

The Democrats believe that Trump will pardon both men, so Garland should drop the charges now or the report will not come out. 

‘While we understand your honorable and steadfast adherence to Mr. Nauta’s and Mr. De Oliveira’s due process rights as criminal defendants, the practical effect of this position is that Volume 2 will almost certainly remain concealed for at least four more years if you do not release it before President-elect Trump’s inauguration on January 20,’ the letter obtained by Fox News says. 

‘The public interest, however, now demands that the President-elect must not escape accountability to the American people,’ they added. ‘Accordingly, to the extent the tangential charges against Mr. Nauta and Mr. De Oliveira stand in the way of the overriding imperative of transparency and truth, the interests of justice demand that their cases be dismissed now so that the entirety of Special Counsel Smith’s report can be released to the American people.’

The letter was signed by House Judiciary Committee Ranking Member Jamie Raskin of Maryland, as well as Democratic committee members Reps. Jerry Nadler and Dan Goldman of New York; Eric Swalwell, Ted Lieu, J. Luis Correa, Sydney Kamlager-Dove and Zoe Lofgren of California; Hank Johnson and Lucy McBath of Georgia; Steve Cohen of Tennessee, Pramila Jayapal of Washington; Mary Gay Scanlon of Pennsylvania; Joseph Neguse of Colorado; Deborah Ross of North Carolina; Becca Balint of Vermont; Jesus G. ‘Chuy’ Garcia of Illinois; and Jasmine Crockett of Missouri. 

‘We obviously do not condone the sycophantic, delinquent, and criminal behavior that Mr. Nauta and Mr. De Oliveira are charged with,’ the letter says. ‘However, Donald Trump was plainly the mastermind of this deception operation to conceal and abuse classified material, a fact made clear by his being charged with 32 counts of willfully retaining these classified documents, while his co-defendants were charged with lesser offenses related to obstructing the investigation, largely at Mr. Trump’s direction. By virtue of DOJ policy prohibiting the indictment or prosecution of a sitting president, Mr. Trump has dodged any criminal accountability for his own wrongdoing. Mr. Trump’s 2024 victory saved him from a public trial and robbed the American people of the opportunity to learn the meaning and details of his unpatriotic, reckless, and intentional abuse of national security information.’ 

Judge Aileen Cannon will hear arguments over Volume 2 in Fort Pierce, Florida, on Thursday. Garland released Volume 1, focused on the election interference case, earlier this week. 

Attorneys for Nauta and De Oliveira earlier this month asked Cannon to keep the special counsel report out of the public eye. 

Trump, Nauta and De Oliveira all pleaded not guilty to federal charges alleging they conspired to obstruct the FBI investigation into classified documents found at Mar-a-Lago. 

Smith was tapped by Garland in 2022 to investigate both the alleged effort by Trump and his allies to overturn the results of the 2020 election, as well as Trump’s keeping of allegedly classified documents at his Florida residence. 

It is customary for a special counsel to release a final report when his or her work is done, detailing the findings of their investigation and explaining any prosecution or declination decisions they reached as a result of the probe. It’s up to Garland whether to release it publicly. In Smith’s case, the prosecution decision is immaterial, given Trump’s status as president-elect and longstanding Justice Department policy against bringing criminal charges against a sitting president. 

Garland is expected to give his farewell address to the Justice Department on Thursday afternoon.