Special Counsel Jack Smith requested that the 11th US Circuit Court of Appeals pause his appeal in the Mar-a-Lago documents case against President-elect Donald Trump.
A judge previously decided to throw out the 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 court filing said.
“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 filing noted that Trump’s legal team did not object to the request.
Last week, Smith asked Washington, D.C. Judge Tanya Chutkan to vacate all deadlines in his January 6 case against Trump.
“As a result of the election held on November 5, 2024, the defendant is expected to be certified as President-elect on January 6, 2025, and inaugurated on January 20, 2025. The Government respectfully requests that the Court vacate the remaining deadlines in the pretrial schedule to afford the Government time to assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy,” Smith wrote.
“By December 2, 2024, the Government will file a status report of otherwise inform the Court of the result of its deliberations,” he continued. “The Government has consulted with defense counsel, who do not object to this request.”
