Special counsel Jack Smith withdraws from Trump's classified documents case
Smith asks federal appellate court to put appeal on hold, referring to 2024 presidential election outcome
November 14, 2024
Special counsel Jack Smith on Wednesday requested the federal appellate court to suspend the appeal in Republican President-elect Donald Trump’s classified documents case, in light of the 2024 presidential election outcome.
"As a result of the election held on November 5, 2024, one of the defendants in this case, Donald Trump, is expected to be certified as President-elect on January 6, 2025, and inaugurated on January 20, 2025," Smith wrote to the Atlanta-based 11th United States Circuit Court of Appeals.
"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," Smith further added.
According to the New York Post, Smith's request comes after he contested a July ruling by Florida federal judge Aileen Cannon in which she closed the case.
Federal prosecutor conveyed that if the suspension is approved, his team would notify the appeals court on their intended course of action by December 2.
Smith had also stated that, following discussions with Trump's legal team, there was no objection to this motion.
The filing emerged after US District judge Tanya Chutkan halted Smith's 2020 election interference case against Trump last week, following the prosecutors' appeal to delay the deadlines for court filing.
There is an indication, as cited by New York Post, that all the filed cases against 78-year-old Republican President-elect might be taken down by the Justice Department as he is positioned to become the next US president soon.
Smith is in a rush to complete his remaining work so that he retires before Trump's presidency commences and the new president fulfills his vow to fire Smith "two seconds" after assuming presidency in January.
