Special counsel Jack Smith has requested a court to halt prosecutors' appeal aimed at reviving the classified documents case against President-elect Donald Trump following his recent electoral victory. Smith's team is in the process of determining how to conclude the classified documents and the federal 2020 election interference case in Washington before Trump assumes office, adhering to the Justice Department's policy that prohibits the prosecution of sitting presidents.
The case against Trump, alleging the hoarding of classified documents at his Mar-a-Lago estate, was considered the most legally straightforward among the four indictments against him due to the substantial evidence gathered by prosecutors. This evidence included testimonies from close aides and former lawyers, and the fact that the alleged conduct took place after Trump's departure from the White House in 2021 and loss of presidential powers.
However, U.S. District Judge Aileen Cannon dismissed the case in July, citing Smith's allegedly improper appointment by the Justice Department. Smith had appealed this ruling to the 11th U.S. Circuit Court of Appeals prior to Trump's victory in the recent presidential election.
Prosecutors have now requested the 11th Circuit to pause the appeal to allow time for the government to evaluate the situation and decide on the appropriate course of action in line with Department of Justice guidelines. Smith's team has committed to informing the court of their decision by December 2.
The judge overseeing the federal case in Washington, which accuses Trump of conspiring to overturn the 2020 election, has suspended all upcoming deadlines in response to a similar request from Smith's team.
Smith is anticipated to step down from his position before Trump assumes office. Special counsels typically produce public reports on their investigations, but the timing of such a report's release remains uncertain.
