Trump classified documents case appeal on hold, seeks special counsel Jack Smith

• Jack Smith, special counsel, requested a federal appeals court to halt proceedings in his attempt to challenge a judge's decision to dismiss the criminal classified documents case against President-elect Donald Trump and two other defendants.
• Smith requested a pause in proceedings in a criminal case involving Trump, who is charged with crimes related to his attempt to reverse his defeat in the 2020 presidential election, days after he made a similar request in a different case.
• The Department of Justice is expected to drop both criminal cases against Trump due to his election as president last week.

On Wednesday, Jack Smith, special counsel, requested a federal appeals court to halt proceedings in his attempt to challenge a judge's decision to dismiss the criminal classified documents case against Trump and two other defendants, citing the recent election of Donald Trump as president.

Smith requested a pause in proceedings in a criminal case related to Trump's attempt to reverse his defeat in the 2020 presidential election, which was granted days after Smith made the request.

The Department of Justice is expected to drop both criminal cases against Trump due to his election as president last week.

Earlier Wednesday, NBC News reported that Smith and his team of prosecutors in the special counsel's office plan to resign before Trump is inaugurated as president in January.

A New York state judge granted a one-week delay in proceedings in a third criminal case against Trump, allowing prosecutors to consider how his election win may impact the case. Trump is scheduled to be sentenced on Nov. 26 on nearly three dozen counts of falsifying business records in that case.

Earlier this year, Judge Aileen Cannon of the Florida federal court dismissed the criminal case against Trump, in which Smith had accused the Republican of illegally withholding classified government records after leaving office in early 2021 and obstructing efforts by officials to recover them.

Trump's nominee for attorney general, William Barr, dismissed obstruction charges against Trump's valet, Walt Nauta, and a worker at his Mar-a-Lago resort, Carlos de Oliveira.

A clause in the U.S. Constitution that governs the appointment of government officials was violated by Attorney General Merrick Garland's decision to appoint Smith as special counsel.

Cannon's ruling was overturned by the 11th Circuit U.S. Court of Appeals at Smith's request.

On January 6, 2025, Donald J. Trump is expected to be certified as President-elect and inaugurated on January 20, 2025, as a result of the election held on November 5, 2024.

The Government respectfully requests that the Court hold this appeal in abeyance and extend the deadline for the Government's reply brief, which is currently due on November 15, 2024, until December 2, 2024, to allow the Government time to assess the unprecedented circumstances and decide the best course of action in accordance with Department of Justice policy.

The filing stated that if the delay is granted, prosecutors will inform the appeals court of the outcome of their deliberations and, if necessary, submit their reply brief no later than December 2, 2024.

DOJ policy says that the department cannot criminally prosecute a sitting president.

Trump, as president, has the authority to order his attorney general to dismiss both cases, even if the policy was not in effect.

On Wednesday, Trump declared that he would appoint Matt Gaetz, a Florida congressman with a contentious reputation, as his attorney general.