Special Counsel Asks Court to Pause Criminal Proceedings Against Trump Due to Election Victory

Special Counsel Jack Smith, on Wednesday, made a request to a federal appeals court to pause the legal proceedings pertaining to appeals made against a judge's ruling that dismissed the criminal case involving classified documents against President-elect Donald Trump and two other defendants.

Smith's Request

Smith's request was prompted by Trump's recent election to a second term in the White House. Furthermore, on the following day, the special counsel, referring to the same reason, sought a temporary suspension of proceedings in a different criminal case involving Trump, concerning attempts to overturn the 2020 presidential election defeat. This request was subsequently granted.

Implications of Presidential Election

These actions suggest that the Department of Justice (DOJ) may consider dropping both criminal cases against Trump due to his election as President. According to DOJ policy, the department is unable to pursue criminal prosecution against a sitting president. Even if this policy were absent, the president possesses the authority to direct the attorney general, who oversees the DOJ, to dismiss both cases.

Potential Changes in Leadership

On Wednesday, Trump declared his intention to nominate the contentious Florida congressman Matt Gaetz as his attorney general. Additionally, it was reported that Smith and his team of prosecutors from the special counsel's office plan to resign prior to Trump's inauguration in January. It was anticipated that Trump would dismiss Smith if he chose not to resign.

Delay in Proceedings

Meanwhile, in a separate development, a New York state judge approved a request from the Manhattan District Attorney's Office to postpone proceedings in a third criminal case against Trump for one week. This delay was granted to provide prosecutors with the necessary time to evaluate the impact of Trump's electoral victory on the case. Trump is set to be sentenced on November 26 for numerous counts of falsifying business records related to a hush money payment made to porn star Stormy Daniels in 2016.

Judicial Rulings

This year, the criminal case against Trump, in which Smith accused him of unlawfully withholding classified government records post his departure from office in early 2021 and impeding efforts of officials to retrieve them, was dismissed by Florida federal court Judge Aileen Cannon. (Nominated by Trump). Furthermore, obstruction charges against Trump's valet, Walt Nauta, and a worker at his Mar-a-Lago resort, Carlos de Oliveira, were also dismissed by Cannon.

Rule Violation Allegation

Cannon ruled that Smith's appointment as special counsel by Attorney General Merrick Garland, the head of the DOJ, was in violation of a provision in the U.S. Constitution concerning the appointment of government officials.

Appeal for Overruling

Subsequently, Smith urged the 11th Circuit U.S. Court of Appeals to overturn Cannon's ruling. However, in their filing to the court on Wednesday, Smith's office 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."

Request for Delay in Deadline

The filing further requested the court to temporarily suspend the appeal and the deadline for the Government's reply brief, originally due on November 15, 2024, until December 2, 2024. This delay was sought to allow the Government to consider this unprecedented circumstance and determine the appropriate course of action in accordance with Department of Justice policy.

Response to Delay

Moreover, the filing indicated that if the delay is granted, the prosecutors would inform the appeals court about the outcome of their deliberations and, if deemed necessary, submit their reply brief no later than December 2, 2024.

Charges in Atlanta

In addition, Trump faces charges in state court in Atlanta regarding efforts to overturn President Joe Biden's White House victory in 2020. However, it is anticipated that Trump will not stand trial in that case while serving as president. This case may be deferred until he leaves office in 2029.