Special counsel Jack Smith asked a federal appellate court on Wednesday to halt his appeal in President-elect Donald Trump’s classified documents case, citing the results of the 2024 election.
“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 wrote to the Atlanta-based 11th US Circuit Court of Appeals.
“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,” the federal prosecutor added.
The classified documents case was dismissed in July by Florida federal Judge Aileen Cannon, and Smith had sought to appeal her ruling.
The special counsel noted that if granted the abeyance, his team would inform the appeals court of its future plans by Dec. 2. Smith said that he consulted with Trump’s legal team and they “do not object to this request.”
The filing comes after US District Judge Tanya Chutkan froze Smith’s 2020 election interference case against Trump last week, following the prosecutors’ request for a pause in court filing deadlines.
Multiple reports indicate that the Justice Department intends to wind down all pending litigation against the 45th president in light of his Election Day victory last week.
The New York Times reported that Smith is scrambling to finalize what is left of his work so he can retire before Trump takes office in January and assuredly fires him.
The president-elect has promised to axe Smith within “two seconds” of being sworn back into the White House on Jan. 20.
Smith, 55, has already informed members of his team they can start planning their departures over the next few weeks, the outlet said.
Cannon threw out Smith’s case alleging that Trump improperly hoarded sensitive White House documents at his Mar-a-Lago estate after his presidency after she concluded that Smith’s appointment as special counsel was unconstitutional.
Smith’s appeal contends that Cannon’s decision was “at odds with widespread and longstanding appointment practices in the Department of Justice and across the government.”
The Justice Department has a longstanding policy of not going after sitting presidents.
