Legal Twist: Smith Requests Postponement in Trump Documents Appeal

Special Counsel Jack Smith seeks to pause appeal in Trump classified documents case following election results.

At a Glance

Jack Smith requests delay in appellate proceedings for Trump’s classified documents case.
Move comes after Trump’s projected victory in the 2024 presidential election.
Smith cites need to assess implications of Trump’s election on ongoing legal proceedings.
Department of Justice policy prohibits prosecuting a sitting president.

Smith Moves to Pause Appeal Following Election Results

Special Counsel Jack Smith has filed a motion to delay appellate proceedings in the classified documents case against Donald Trump. The request, submitted to the U.S. Court of Appeals for the 11th Circuit on November 13, comes in the wake of Trump’s projected victory in the 2024 presidential election. Smith’s office seeks to pause the current appeal and extend the deadline for the government’s reply brief, originally due on November 15, to December 2, 2024.

The move reflects the complex legal landscape surrounding the prosecution of a president-elect. According to ABC News, Trump is projected to have secured 75,936,362 votes compared to Harris’s 72,925,374 votes, with 97% of the expected vote reporting. This electoral outcome has significant implications for ongoing legal proceedings against Trump.

DOJ Policy and Its Impact on Ongoing Cases

The Department of Justice has a long-standing policy that prohibits the prosecution of a sitting president. This policy is now at the forefront of considerations in the multiple cases against Trump. Smith’s request for a pause is seen as a step towards winding down the two federal cases he oversees against the former and now incoming president.

“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,” stated the filing by Smith’s office.

The classified documents case, considered by many to be the most straightforward legally among the four indictments against Trump, now faces an uncertain future. The case involves substantial evidence, including testimonies from aides and former lawyers, related to Trump’s handling of classified materials after leaving the White House in 2021.

Broader Implications for Other Legal Proceedings

The impact of Trump’s electoral victory extends beyond the classified documents case. In Washington, D.C., Smith has also requested a pause in the criminal case where Trump is charged with attempting to reverse his 2020 election defeat. Additionally, a New York state judge has delayed proceedings in a separate criminal case against Trump related to falsifying business records.

As the legal landscape shifts, the future of these cases remains uncertain. Smith is anticipated to leave his position before Trump takes office, but special counsels typically produce public reports on their work. The timeline for the release of such a report, however, remains unclear.