Special Counsel Jack Smith requested Wednesday that the 11th Circuit Court of Appeals temporarily halt proceedings in the appeal of President-elect Donald Trump’s Florida documents case.
Smith’s filing echoed language from a previous request to pause Trump’s election interference case, stating that a hold would allow the government time to assess this “unprecedented circumstance” and decide on an appropriate path forward aligned with Department of Justice policy. Smith referenced Trump’s recent election to a second term in the White House in his request.
“As a result of the election held on November 5, 2024, one of the defendants in this case, Donald J. Trump, is expected to be certified as President-elect on January 6, 2025, and inaugurated on January 20, 2025,” Smith’s office wrote in the court filing. “The Government respectfully requests that the Court hold this appeal in abeyance— and stay the deadline for the Government’s reply brief, which is currently due on November 15, 2024—until December 2, 2024, to afford the Government time to assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy.”
BREAKING: Jack Smith Asks Judge To Halt All Deadlines In Trump’s Case After Election Victory pic.twitter.com/LnM36FelCe
— Daily Caller (@DailyCaller) November 8, 2024
The filing stated that if the delay is approved, prosecutors will notify the appeals court of the outcome of their deliberations and, if necessary, submit their reply brief by Dec. 2. Trump faces charges in an Atlanta state court for alleged crimes linked to his efforts to overturn President Joe Biden’s 2020 election victory.
The 11th Circuit had already overturned another of Cannon’s rulings, ending a special master’s review of classified documents retrieved from Trump’s Florida estate, The Hill said. A favorable outcome in this appeal would have sent the case back to Cannon for further action on Espionage Act and obstruction charges, stemming from Trump’s refusal to return classified records.
However, Trump’s election victory has complicated both cases as Smith’s request comes amid reports of his impending resignation before Trump’s inauguration, as the president-elect previously vowed to fire the special counsel upon taking office, the outlet reported. Department of Justice policy restricts prosecution of a sitting president, with the Office of Legal Counsel concluding in 1973 that prosecuting a sitting president would “impermissibly undermine the capacity of the executive branch to perform its constitutionally assigned functions.”
Smith may pursue alternative means of concluding his investigations, such as preparing a report on his findings, which Attorney General Merrick Garland could choose to make public, according to The Hill. The appeal follows Judge Aileen Cannon’s recent ruling, which deemed Smith’s appointment unlawful.
A judge previously approved Smith’s request to suspend all upcoming deadlines in the election interference case against Trump. Prosecutors argued that the pause allows time to evaluate the situation following Trump’s expected certification and upcoming inauguration.
