The special counsel had requested a pause following President-elect Donald Trump’s election win.
A federal appeals court has approved special counsel Jack Smith’s request to pause his appeal in a case involving President-elect Donald Trump.
On November 14, the U.S. Court of Appeals for the 11th Circuit
granted Smith’s request to hold the appeal in abeyance until December 2.
The court’s clerk entered the grant at the court’s direction.
Smith had
filed a motion asking the court to pause the appeal following Trump’s election victory.
“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,” Smith explained in the
motion. “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.”
The case revolves around allegations of Trump mishandling sensitive documents.
Over the summer, U.S. District Judge Aileen Cannon
dismissed the case, ruling that Attorney General Merrick Garland’s appointment of Smith violated the U.S. Constitution.
The U.S. Department of Justice (DOJ) appealed to the 11th Circuit,
arguing that Cannon’s ruling was in conflict with established legal precedents and appointment practices within the government. The federal lawyers urged the appeals court to reverse the ruling.
Shortly before the election, Trump’s team expressed agreement with Cannon’s ruling.
“The Appointments Clause requires that officers be appointed ‘by Law.’ No statute supports Smith’s appointment,” his team stated in an October 25
filing.
DOJ lawyers were due to reply to the Trump brief by November 15 before requesting, and receiving, the pause in the appeal.
The appeals court, in granting the request, did not offer any further comment on the case.
Government lawyers had
stated that if the appeals court granted the motion, “the Government will inform the Court of the result of its deliberations—and, if appropriate, file its reply brief—no later than December 2, 2024.”
Lawyers representing Trump and his co-defendants, former aides Walt Nauta and Carlos de Oliveira, did not object to the motion, according to the government.
Smith had previously requested, and
obtained, a pause in another federal case he was pursuing against Trump.
A spokesperson for the DOJ previously
stated to The Epoch Times that the department adheres to a longstanding policy of not prosecuting sitting presidents.
Sam Dorman and Jack Phillips contributed to this report.
Original: “The report was not able to be completed by the deadline due to unforeseen circumstances.”
Rewritten: “The report could not be completed on time because of unexpected events.”
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