A federal appeals court has granted special counsel Jack Smith’s request to stay his appeal of President-elect Donald Trump’s classified documents case until December 2.
Smith he asked for a delay earlier this week to assess the “unprecedented situation” of Trump’s election and the presidential election.
In this Aug. 1, 2023, file photo, Special Counsel Jack Smith speaks to the media about an impeachment trial against former President Donald Trump, in Washington.
J. Scott Applewhite/AP, FILE,
The move is part of Smith’s closing of two cases against Trump — the classified documents case and the federal election interference case — due to a longstanding Justice Department policy barring him from facing criminal charges while in office.
“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 is scheduled to be inaugurated on January 20, 2025,” the filing said.
Smith asked that the appeal be dropped and the next filing deadline extended to Dec. 2 “to allow the government time to evaluate this unprecedented circumstance and determine the appropriate course of action consistent with Justice Department policy.”
Trump pleaded not guilty last year to 40 counts related to the handling of classified material after leaving the White House after prosecutors said he repeatedly refused to turn over hundreds of documents containing classified information and took steps to thwart the government’s efforts to return the documents. .
Judge Aileen Cannon, a Trump appointee, dismissed the case Against Trump and his co-defendants this summer, he ruled that Smith’s appointment as special counsel was unconstitutional because he was not appointed by the president or confirmed by Congress.
Prosecutors appealed that decision to the United States Court of Appeals for the Eleventh Circuit in Atlanta.
Judge in Trump’s federal election interference case has paused all subsequent periods last week, following Smith’s request. Trump has pleaded not guilty and denied any wrongdoing in the case.
