Major Legal Development in High-Profile Case Could Impact Upcoming Events

Department of Justice building exterior with window and plants.

Special Counsel Jack Smith secures pause in Trump document handling case, signaling potential end to legal pursuit.

At a Glance

Federal appeals court pauses Smith’s appeal in Trump’s classified documents case until December 2, 2024
Pause requested to assess implications of Trump’s election as President-elect
Judge Aileen Cannon previously dismissed the case, ruling Smith’s appointment unconstitutional
DOJ policy prohibits criminal prosecution of a sitting president
Smith expected to draft final report and resign before Trump takes office

Court Grants Pause in Trump Documents Case

The U.S. Court of Appeals for the 11th Circuit has granted Special Counsel Jack Smith’s request to pause the appeal in Donald Trump’s classified documents case until December 2, 2024. This decision comes in light of Trump’s recent election victory and impending inauguration as President of the United States.

The pause was sought by Smith’s team to evaluate the unprecedented situation and determine the appropriate course of action in accordance with Department of Justice policy. This policy traditionally prohibits the criminal prosecution of a sitting president, presenting a unique challenge for the ongoing legal proceedings against Trump.

Court pauses appeal of Trump's classified documents casehttps://t.co/XKWl2w3xTf

— MSN (@MSN) November 16, 2024

Implications of Trump’s Election Victory

In a filing to the court, Jack Smith stated, “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.” This development has forced the Justice Department to reassess its approach to the case.

The classified documents case, which involves allegations that Trump improperly retained sensitive materials after leaving the White House, was previously dismissed by U.S. District Judge Aileen Cannon. Cannon ruled that Smith’s appointment as special counsel was unconstitutional, a decision that prosecutors appealed to the 11th Circuit.

Winding Down Legal Proceedings

With Trump’s impending return to the presidency, Smith’s team is now considering how to wind down not only the classified documents case but also the federal 2020 election interference case. The pause in proceedings allows the government time to deliberate on the appropriate next steps.

Smith is expected to draft a final report summarizing his investigations into Trump before resigning from his position. This approach aligns with the typical practice of special counsels producing public reports on their work, even as the legal proceedings are halted.

Looking Ahead

As the Justice Department navigates this unprecedented situation, the focus now shifts to how the government will proceed with its cases against a sitting president. The pause in proceedings until December 2, 2024, provides time for careful consideration of the legal and political implications. Jack Smith is reportedly ready to throw in the towel and is considering retiring before Trump is sworn in for his second term, this pause may buy him some time to get his ducks in a row before January’s inauguration.

While the future of these cases remains uncertain, the court’s decision to grant the pause underscores the complex interplay between legal proceedings and the political landscape. As the nation prepares for Trump’s return to the White House, the resolution of these legal matters will likely have far-reaching consequences for the American justice system and the presidency.