Jack Smith Asks Court To Pause Appeal Of Trump Classified Documents Case

 

Special Counsel Jack Smith delivers remarks on a recently unsealed indictment including four felony counts against former U.S. President Donald Trump at the Justice Department on August 1, 2023 in Washington, DC.

Special Counsel Jack Smith asked a federal court in Florida to pause prosecutors’ appeal of the dismissal of President-elect Donald Trump’s criminal case over his alleged withholding of White House documents and alleged obstruction of the government’s investigation into them until December—a request that was filed the same day reports circulated that Smith would be ending his cases against Trump and resigning.

Key Facts

Smith asked the court to hold his appeal of the dismissal of the classified documents case until Dec. 2, when he said he would update the court on how prosecutors plan to proceed.

Smith said in the request the government needs time to “assess the unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy,” referring to the historic status of a president-elect as a criminal defendant.

The filing comes five days after Smith also made a pause request—which was almost immediately granted—in his case against Trump for alleged election interference in 2020.

Tangent

The New York Times first reported Wednesday that Smith intends to resign before Trump takes office, after the president-elect promised to fire him “within two seconds” of taking office in January. The Times and NBC News reported Smith will draft a final report, however, before he leaves his office that will summarize his two investigations into Trump—though it’s unclear how much new information, if any, will be included in the report, and how much of the report could be made public.

Key Background

Trump was indicted in the federal documents case last June and charged with withholding national security documents as well as obstruction, as prosecutors alleged he intentionally tried to conceal classified documents and stop them from being handed over to the government. Federal investigators recovered more than 11,000 White House documents from Mar-a-Lago, at least 300 of which were classified, but Trump pleaded not guilty and argued he was legally allowed to have the documents under the Presidential Records Act—which legal experts said was not the case. The case was dismissed in July, though, after U.S. District Judge Aileen Cannon—who was appointed by Trump—ruled Smith was unlawfully appointed. Smith appealed the dismissal, arguing Cannon “misconstrued” the law, though he notably did not ask for her to be removed from the case. Cannon had come under scrutiny as she continued to delay the case, and some legal experts have claimed she has been overly deferential to Trump.