Special Counsel Jack Smith asked the 11th Circuit Court of Appeals on Wednesday to temporarily halt the appeals process in President-elect Donald Trump’s Florida documents case.
Mr. Smith’s filing Reiterating the language of an earlier request for a moratorium on Trump’s election interference lawsuits, the suspension would allow the government to assess this “unprecedented situation” and determine the appropriate future course, consistent with Justice Department policy. He said he would be given time to do so. In his request, Smith referenced Trump’s recent election to the White House for a second term.
“As a result of the election held on November 5, 2024, Donald J. Trump, one of the defendants in this case, will be certified as the next president on January 6, 2025, and is scheduled to take office on January 20, 2025. ,” Smith’s office wrote in a court filing. “To give the government time to assess this unprecedented situation, the government has asked the court to suspend this appeal and extend the deadline for the government’s prepared response, currently scheduled for November 15, 2024, to 2024. We request that the matter be put on hold until December 2, 2020, to determine the appropriate course of action in accordance with Department of Justice policy. ”
BREAKING: Jack Smith asks judge to halt all deadlines in Trump lawsuit after election victory pic.twitter.com/LnM36FelCe
— Daily Caller (@DailyCaller) November 8, 2024
The filing states that if a postponement is granted, the prosecution will notify the appellate court of the results of its deliberations and, if necessary, submit a written response by Dec. 2. Trump is scheduled to be arraigned in Atlanta state court on charges related to his crimes. Efforts to overturn President Joe Biden’s 2020 election victory.
The 11th Circuit had already reversed another Cannon ruling, ending the special judge’s review of classified documents recovered from President Trump’s Florida mansion, The Hill. said. A favorable outcome on that appeal would send the case back to Cannon for further action on Espionage Act and obstruction charges because President Trump has refused to return classified records. It would be.
However, Smith’s request came amid reports that President-elect Trump would fire the special counsel after taking office, and that his resignation was imminent before Trump’s inauguration. His election victory complicates both cases, the newspaper reported. Justice Department policy limits the prosecution of sitting presidents, with the Office of the General Counsel stating in 1973 that prosecuting a sitting president would “impermissibly impair the executive branch’s ability to carry out its constitutionally assigned duties.” concludes.
According to The Hill, Smith may explore alternative means to conclude the investigation, such as writing a report on the findings, which Attorney General Merrick Garland could choose to release publicly. That’s what it means. The appeal follows Justice Eileen Cannon’s recent judgment which found Mr Smith’s appointment illegal. (Related: Judge refuses to withdraw from Trump assassination attempt)
The judge previously approved Mr. Smith’s request to suspend all future deadlines in the election interference lawsuit against Mr. Trump. Prosecutors argued that the pause would give them time to assess Trump’s expected certification and future post-Inauguration situation.
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