Special Counsel Jack Smith Moves To Freeze Trump’s Florida Case Proceedings

Special Counsel Jack Smith requested Wednesday that the 11th Circuit Court of Appeals temporarily halt proceedings in the appeal of President-elect Donald Trump’s Florida documents case.

Smith’s filing echoed language from a previous request to pause Trump’s election interference case, stating that a hold would allow the government time to assess this “unprecedented circumstance” and decide on an appropriate path forward aligned with Department of Justice policy. Smith referenced Trump’s recent election to a second term in the White House in his request.

“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’s office wrote in the court filing. “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.”

The filing stated that if the delay is approved, prosecutors will notify the appeals court of the outcome of their deliberations and, if necessary, submit their reply brief by Dec. 2. Trump faces charges in an Atlanta state court for alleged crimes linked to his efforts to overturn President Joe Biden’s 2020 election victory.

The 11th Circuit had already overturned another of Cannon’s rulings, ending a special master’s review of classified documents retrieved from Trump’s Florida estate, The Hill said. A favorable outcome in this appeal would have sent the case back to Cannon for further action on Espionage Act and obstruction charges, stemming from Trump’s refusal to return classified records.