Special counsel Jack Smith on Wednesday asked a federal appeals court to pause his appeal of the dismissal of President-elect Donald Trump’s classified documents case.
“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,” the filing said.
Smith asked to hold the appeal in abeyance and push the next filing deadline until Dec. 2 to “to afford the Government time to assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy.”
Trump pleaded not guilty last year to 40 criminal counts related to his handling of classified materials after leaving the White House, after prosecutors said he repeatedly refused to return hundreds of documents containing classified information and took steps to thwart the government’s efforts to get the documents back.
District Judge Aileen Cannon dismissed the case against Trump and his co-defendants this summer, and prosecutors appealed that decision to the Atlanta-based United States Court of Appeals for the Eleventh Circuit.
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