Jack Smith asks to pause appeal in Trump’s classified documents case

In the last sign that Donald Trump’s federal criminal cases could disappear before he even comes to power, special counsel Jack Smith asked to pause the government’s appeal in the classified documents case. Smith’s request follows a similar request he made to U.S. District Judge Tanya Chutkan in the federal election interference case last weekwhich Chutkan allowed.

As in the federal election interference case, Smith asked the 11th U.S. Circuit Court of Appeals Wednesday for a pause until Dec. 2, “to give the government time to assess this unprecedented circumstance and determine the appropriate course of action moving forward.” in accordance with the Ministry of Justice. policy.” The special counsel noted this in his letter movement towards stop calling that: “As a result of the November 5, 2024 elections, it is expected that one of the defendants in this case, Donald J. Trump, will be certified as President-elect on January 6, 2025, and inaugurated on January 6, 2025 .January 20, 2025.”

Under the existing schedule, Smith’s response brief — the final filing in court, ruling or oral argument and then ruling — is due Friday. He asked the appeal court to suspend that deadline, saying that, if the court agrees to pause the appeal, “the government will inform the Court of the outcome of its deliberations by December at the latest – and, if necessary , will submit its response letter. 2, 2024.” (Unsurprisingly, Smith noted that the defendants have no objection to the government’s request.)

So if the appeals court grants the request, the next step in both federal cases is for the government to hear about its plans before December 2. The special counsel and his team reportedly are plans to resign before Trump takes office, which would be consistent with the apparent steps to wrap things up.

But Smith’s latest filing reminds us that there are important differences between the case of election interference and the case of classified documents. In the first case, Trump is the only suspect charged, and that is true in court after the Supreme Court returned it to Chutkan following its ruling immunity ruling. In the latest case, Trump is one of three defendants charged and Smith is on the appeals court, where Smith is challenging U.S. District Judge Aileen Cannon’s dismissal of the case on the grounds that Smith was improperly appointed.

In the case of the documents, the government therefore has even more factors to take into account. It must find out whether it will drop an appeal from Cannon unprecedented statement that implies broader powers of the Department of Justice regarding the ability of attorneys general to appoint special counsels. (To be fair, Cannon’s ruling at the trial level is not a binding precedent for any future special counsel challenges.) It should also address the issue of Trump’s two co-suspects can escape a possible resumption of the case against them, because their co-suspect will become president again.

As in the election interference case, Smith would delay the inevitable as Trump would use his newly acquired resources power of the DOJare forgiveness power – or both – to get rid of the federal business by any means necessary.

But in the meantime, these additional factors could provide a more nuanced government position in the documents case. We’ll see what the appeals court says (presumably granting the request without opposition), what Smith says by December 2, and – in what is perhaps the most important lingering question at this point – if and when we see a report from the investigation of the special prosecutor. before he resigns or, if he doesn’t, before Trump fires him in “two seconds,” like the newly elected president said he would.

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