Jack Smith Seeks to Pause Appeal in Trump Classified Documents Case Amid Election Win

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

At a Glance

Jack Smith requests pause in appeal of Trump’s classified documents case
DOJ policy prohibits prosecuting a sitting president
Smith asks for extension to reassess strategy given Trump’s electoral victory
Multiple criminal cases against Trump face uncertain future

Special Counsel Seeks Pause in Trump Case

Special Counsel Jack Smith has filed a motion with the U.S. Court of Appeals for the 11th Circuit, requesting a temporary halt to proceedings in the appeal concerning President-elect Donald Trump’s classified documents case in Florida. The November 13 motion asks the court to put the appeal on hold and extend the deadline for the government’s reply brief from November 15 to December 2, 2024.

This strategic move allows the government to reassess its approach in light of Trump’s unexpected election victory. The pause would enable the Department of Justice to formulate a response that addresses the complexities of dealing with a sitting president-elect while adhering to DOJ policy.

Special counsel Jack Smith has asked a federal appeals court to pause his appeal of the dismissal of Donald Trump's classified documents case as he winds down his two cases against the president-elect. https://t.co/KyoEL7NnlX

— ABC News (@ABC) November 13, 2024

Trump’s Electoral Victory and Its Implications

Donald Trump is the next President of the United States, securing 75,936,362 votes compared to Harris’s 72,925,374 votes, with 97% of the expected vote reporting. Republicans also retained control of the House, gaining one seat for a total of 221, while Democrats lost 12 seats, holding 214.

“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” said the filing.

This unexpected turn of events has significant implications for the ongoing legal proceedings against Trump. The Department of Justice policy prohibits the prosecution of a sitting president, forcing Smith to reevaluate his approach to the classified documents case and other pending legal matters involving the President-elect.

Special counsel Jack Smith asked a court Wednesday to pause prosecutors' appeal seeking to revive the classified documents case against President-elect Donald Trump in light of the Republican's presidential victory.

https://t.co/mZScb60zr6

— WXYZ Detroit (@wxyzdetroit) November 14, 2024

Status of Multiple Criminal Cases

Trump currently faces multiple criminal cases, all of which are now in a state of uncertainty. In the classified documents case, Trump has pleaded not guilty to 40 criminal counts related to his handling of classified materials after leaving the White House. District Judge Aileen Cannon initially dismissed the case, ruling Smith’s appointment as special counsel unconstitutional, leading to the current appeal.

“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” he said.

In addition to the classified documents case, Smith has requested a pause in another criminal case in Washington, D.C., where Trump is charged with attempting to reverse his 2020 election defeat. A New York state judge has also delayed proceedings in a third criminal case against Trump, related to falsifying business records, to assess the impact of his electoral victory.

Future of Legal Proceedings

As the legal landscape shifts dramatically with Trump’s election, 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 is unclear.

The classified documents case, once considered the most straightforward legally among the four indictments against Trump, now faces an uncertain future. With substantial evidence including testimonies from aides and former lawyers, the case’s resolution will likely be determined by how the Department of Justice navigates the unprecedented situation of prosecuting a sitting president-elect.