Courthouse Steps Decision: United States of America v. Donald J. Trump, Waltine Nauta, and Carlos De Oliveira

Event Video

Listen & Download

United States of America v. Donald J. Trump, Waltine Nauta, and Carlos De Oliveira marked the first federal indictment of a former U.S. president. The prosecution, led by Special Counsel Jack Smith, argued that Trump illegally retained hundreds of classified government documents at his Mar-a-Lago residence after leaving office and obstructed efforts to retrieve them. He said this posed a national security risk and violated laws governing the handling of sensitive information. Trump's defense team, however, argued that the appointment of Jack Smith as special counsel was unconstitutional, violating the Appointments Clause. They claimed that Smith lacked the proper authority to bring charges, as he was not a Department of Justice employee at the time of his appointment. Judge Aileen Cannon dismissed the case on July 15, ruling that the appointment of Smith had been unconstitutional. Join us as we discuss the case and its implications.

*******

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.