The classified-documents case

The National Archives spent much of 2021 trying to get records back. In 2022 Trump’s lawyers returned some and certified that all classified documents had been handed over; the FBI then found more than 100 more in its August search. The indictment alleged he showed a classified military plan to visitors, told aides to move boxes, and asked an aide to delete security footage. [1][2]

Trump says a president can declassify by taking documents home, that the Presidential Records Act made them his, and that Biden, Pence and others had documents too. Biden’s special counsel declined to charge Biden, citing in part his cooperation; Pence cooperated and was not charged. The obstruction allegations were what set Trump’s case apart. [1]

In September 2026 the Senate Judiciary Committee held an oversight hearing on Smith’s investigation, and its Republican majority argued that the way the case was first referred and opened was flawed. Those are a party’s arguments, not court findings. [3][4]

On 15 July 2024 Judge Aileen Cannon dismissed the case, ruling that Smith’s appointment and funding violated the Constitution’s appointments clause. That question had been raised by Justice Thomas in the immunity decision; other courts had upheld similar appointments. Smith appealed, and after Trump’s election the Justice Department dropped the case against him under its policy against prosecuting a sitting president. The appeal against his co-defendants was dropped in February 2025. [1][2]

Smith’s report has two volumes. The election volume was released in January 2025. Cannon blocked the documents volume, and in February 2026 barred its release; press-freedom groups are appealing. In October 2026 the Eleventh Circuit postponed argument with no new date. [3][4][5][6]