Special Counsel Jack Smith speaks to members of the media at the U.S. Department of Justice Building on August 1, 2023 in Washington, DC.
Saul Loeb | AFP | Getty Images
Special Counsel Jack Smith questioned the federal government. court of appeals Wednesday, suspending proceedings to overturn a judge’s decision to dismiss a classified criminal documents case against President-elect Donald Trump and two other defendants.
Smith’s request cited Trump’s election to a second term in the White House last week.
On Friday, the special counsel in Washington, D.C., cited the same reasoning and suspended proceedings in another criminal case in which Mr. Trump is charged with crimes related to his attempt to reverse his 2020 presidential election loss. requested a federal judge. That wish was granted.
Both movements Ministry of Justice With Trump’s election, both criminal cases against him will be dropped.
Under Justice Department policy, the department cannot bring criminal charges against a sitting president. But even if that policy were ineffective, Trump, as president, has the power to order the attorney general, who heads the Justice Department, to throw out both cases.
President Trump announced Wednesday that he will nominate controversial Florida congressman Matt Gaetz to be attorney general.
NBC News reported early Wednesday that Smith and the prosecution team from the special counsel’s office intend to resign before Trump takes office in January. Trump was expected to fire Smith if he did not resign.
On Tuesday, a New York judge in the third criminal case against Trump ordered the Manhattan District Attorney’s office to give prosecutors time to consider how Trump’s election victory would affect the case. The request was granted to postpone the proceedings for one week. Trump is scheduled to be sentenced on Nov. 26 on nearly 30 counts of falsifying business records related to a 2016 hush-money payment to porn star Stormy Daniels.
Florida federal judge Eileen Cannon earlier this year ruled against Mr. Trump, who, after retiring in early 2021, accused Mr. Smith of illegally possessing classified government records and obstructing efforts by authorities to recover the records. The criminal case was dismissed.
Cannon, who was nominated by President Trump, also dropped obstruction charges against Walt Nauta, Trump’s valet, and Carlos de Oliveira, an employee at his Mar-a-Lago resort.
Mr. Cannon ruled that Mr. Smith’s appointment as special prosecutor by Attorney General Merrick Garland, head of the Department of Justice, violated provisions of the U.S. Constitution that regulate how government officials are appointed.
Mr. Smith asked the United States Court of Appeals for the Eleventh Circuit to overturn Mr. Cannon’s decision.
However, in a filing with the court Wednesday, Smith’s office said, “As a result of the November 5, 2024 election, one of the defendants in this case, Donald J. It is expected that it will be recognized by the president.” He assumed office on January 6, 2025 and assumed office on January 20, 2025. ”
“The Government respectfully asks the Court to suspend this appeal in order to give it time to assess this unprecedented situation, and to extend the deadline for the Government’s response brief, currently scheduled for November 15, 2024, to December 2024. “We request an extension until March 2, 2020, and will determine the appropriate course of action in accordance with Department of Justice policy,” the filing states.
The filing also states that if a postponement is granted, prosecutors will “notify the Court of Appeals of the results of their deliberations and, if necessary, submit a written response, no later than December 2, 2024.” They said they would notify them.
Trump is charged with crimes in state court in Atlanta related to his attempts to overturn President Joe Biden’s 2020 White House victory.
However, Trump has no plans to go to trial in this case while still president. However, the case could be on hold until he retires in 2029.
