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Jack Smith Pauses Appeal in Trump Case

 November 14, 2024

In a significant development, special counsel Jack Smith has requested that the U.S. appeals court pause proceedings in the classified documents case against President-elect Donald Trump, pointing to the outcomes of the recent presidential election as justification.

The appeal's suspension comes amid new complexities following Trump's election victory which is pushing the Department of Justice to reconsider its approach to litigation against the incoming president, as the New York Post reports.

Smith has filed a motion with the 11th U.S. Circuit Court of Appeals to halt his ongoing appeal in the case that previously saw a significant legal setback.

Florida federal Judge Aileen Cannon had dismissed the classified documents case in July, arguing that Smith’s appointment as special counsel was unconstitutional.

The legal team supporting Trump has indicated that they “do not object to this request,” showing a rare alignment with the special counsel's procedural strategy.

Trump's Election Spurs Legal Reassessment

The motion filed by Smith requests the court to pause the appeal and extend the government’s response deadline from Nov. 15 to Dec. 2, 2024.

This delay is intended to provide the Department of Justice with enough time to navigate the “unprecedented situation” prompted by Trump’s recent election victory. Smith stated that this delay would allow an assessment of what steps align with the longstanding practices of the Department of Justice.

Cannon’s dismissal of the case was a notable decision in July, throwing out the charges on the grounds of unconstitutional appointment of Smith.

However, Smith argued that this decision was contrary to the established practices across the Justice Department and other federal agencies. Now, with Trump poised to take office, the broader implications of pursuing legal action against a sitting president cast a long shadow over this planning process.

Smith Plans to Conclude Investigations

Reports suggest that the Justice Department is seeking to wind down all litigation against Trump in light of his electoral success. This strategic pause in Smith's appeal appears to signal this shift in departmental priorities. The New York Times has reported that Smith intends to complete his investigations and possibly retire before Trump’s inauguration on Jan. 20, 2025. In anticipation of this potential transition, Smith has reportedly instructed his team to begin preparing for their eventual departures.

Adding to this context, U.S. District Judge Tanya Chutkan recently halted another case led by Smith, concerning Trump’s alleged interference in the 2020 election. This cessation followed a similar request for pause, reflecting a broader strategic reassessment by prosecutors in light of the election results.

Smith Faces Imminent Leadership Transition

Smith's filings underscore the need for time to adapt to the current political landscape, requesting more than a two-week extension for the government to consider the best path forward. Meanwhile, Trump's legal team remains positioned for cooperation, not opposing the abeyance of the appeal. Such collaborative gestures are unusual in the fraught legal battles surrounding Trump.

Smith has been a significant figure in prosecuting cases related to Trump, but his future as part of the Justice Department seems uncertain. Trump has publicly stated his intent to dismiss Smith immediately upon assuming his presidential duties, a vow made clear with a curt promise to do so "within two seconds" of taking office.

This potential termination reflects the intensely adversarial relationship between the president-elect and the special counsel tasked with overseeing high-profile investigations into his conduct.

Legal and Political Ramifications Loom Large

The Department of Justice’s established policy of avoiding prosecutions against sitting presidents offers yet another layer of complexity. This principle guides much of the current strategy as the transition of power from the current administration to Trump’s imminent presidency unfolds.

Smith's request to pause the appeal proceedings illustrates the intricate balancing act faced by the Justice Department as it navigates the legal and political implications of ongoing cases against Trump. As January 6 approaches -- the date for Trump’s official certification as president-elect -- the Justice Department, under Smith's leadership, must determine a course that respects the legal framework while accounting for the political reality of a Trump presidency.

Forward Path for the Classified Documents Case

The suspension of the appeal aligns with broader signals that the Justice Department may not prioritize litigation against Trump once he assumes the mantle of the presidency. This recalibration reflects not only on Smith's ongoing efforts but also on the judiciary and executive branches, which must reconcile legal prosecution with political leadership.

As special counsel Smith approaches the potential conclusion of his tenure, the decisions made in the coming weeks will leave a significant imprint on the ongoing discourse surrounding presidential powers and accountability. With the inauguration date set for Jan. 20, the final phase of this transition will unfold swiftly.

Ultimately, the pause in the classified documents appeal represents more than a procedural delay; it marks a moment of recalibration in the Justice Department's engagement with the current and future political landscape.