Smith’s request, filed on Wednesday, appeals to the 11th U.S. Circuit Court of Appeals in Atlanta for a pause in proceedings as the Department of Justice (DOJ) re-evaluates its approach in light of Trump’s return to office.
Smith pointed to the recent election as a critical factor in his filing. “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,” Smith wrote. To allow time for the DOJ to assess this unprecedented situation, Smith requested the court “hold this appeal in abeyance” and stay the current filing deadline of November 15 until December 2, 2024.
Smith’s appeal followed a July ruling by Florida federal Judge Aileen Cannon, who dismissed the classified documents case.
He had sought to reverse Cannon’s decision before the latest election results prompted a shift in strategy. Smith’s filing noted that if the court grants the pause, his team will notify the court of its next steps by December 2.
Trump’s legal team, which Smith consulted before filing the request, “do not object to this request,” according to the special counsel.
This pause request comes after U.S. District Judge Tanya Chutkan froze Smith’s separate case involving alleged election interference, following a similar request from the special counsel’s office. This earlier request also indicated that the DOJ was reassessing its approach following Trump’s election win.
Multiple reports suggest that the DOJ is considering ending all remaining litigation against Trump in light of his 2024 election victory.
According to The New York Times, Smith is working to conclude his responsibilities and prepare for retirement ahead of Trump’s January inauguration. He likely anticipates that Trump will dismiss him upon taking office.
Trump has previously indicated he would remove Smith “within two seconds” of his swearing-in on January 20.
Smith, 55, has reportedly informed his team members to begin planning their departures over the coming weeks as the DOJ assesses its position in the high-profile cases involving the president-elect.
