This comes as Smith and his team have been working out how to wind down the federal cases in the wake of Trump’s victory on Election Day.
On Wednesday, special counsel Jack Smith requested that the 11th US Circuit Court of Appeals pause his ongoing appeal of a judge’s decision to throw out the Mar-a-Lago documents case against Trump.
"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 stated.
"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.
"If the Court grants the abeyance, the Government will inform the Court of the results of its deliberations—and, if appropriate, file its reply brief—no later than December 2, 2024. The Government has consulted with counsel for the defendants, who do not object to this request," the filing concluded.
This comes as Smith and his team have been working out how to wind down the federal cases in the wake of Trump's victory on Election Day. Smith is set to resign before Trump, who has vowed to fire Smith within minutes of taking the oath of office, is inaugurated.
Smith has similarly asked DC Judge Tanya Chutkan, who is presiding over the January 6 case, to vacate remaining deadlines in the case as he and his team weigh how his election affects the cases.
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