US special counsel calls for a pause in Trump’s classified documents case | Court Affairs

Federal prosecutors asked the appeals court to pause their request for a retrial a criminal case against the United States The president-elect Donald Trump, accused of mishandling classified documents after the end of his first term as president.

Special counsel Jack Smith, 55, made the request Wednesday to the US Court of Appeals for the 11th Circuit, asking for time to assess the impact of Trump’s return to the White House.

“The government respectfully asks the court to suspend this decision and set a deadline for the government’s response,” he wrote.

He added that the requested temporary suspension “will give the government time to assess this unprecedented situation and determine the appropriate course forward in line with the policy of the Ministry of Justice”.

The move underscored fears that Trump would emerge unscathed from the two lawsuits filed against him in federal court.

Trump, 78, is accused of illegally holding classified documents at his Mar-a-Lago estate in Florida after he leaves office in 2021.

A judge appointed to the bench by Trump dismissed the case in July, after ruling that Smith was improperly assigned special counsel. Smith and his team appealed again.

On Wednesday, however, Smith wrote that, if the court agrees, his office will return a decision on how it plans to proceed before December 2, 2024.

His office has received a similar stay in a second federal lawsuit accusing Trump of trying to sabotage his 2020 election loss, events that culminated in the then-president’s fiery speech at a “Stop the Steal” rally that was underway. January 6, 2021.

That afternoon, hundreds of Trump supporters stormed the US Capitol to try to stop the confirmation of Joe Biden as president by both chambers of Congress.

Cases are ending

Federal prosecutors are considering how to drop both charges, based on the principle that sitting presidents cannot be prosecuted or imprisoned while in office. They also know that, if Trump enters the White House, he will release all the charges.

A longstanding Justice Department policy, dating back to 1973 and the Watergate scandal, also makes it less likely that President-elect Trump will be prosecuted for crimes.

That year, the Office of Legal Counsel argued that criminal prosecution of a sitting president would undermine his authority — a practice established by the Justice Department over the years.

Last July, the conservative-led Supreme Court also ruled that presidents not only have “absolute immunity” from prosecution for any act taken under their constitutional authority, but also “immunity” from anything that might qualify as “legal action”.

As a result, Smith was forced to refile his lawsuit on January 6, saying that Trump was acting as a private actor while trying to change the outcome of the election.

Reports suggest that Smith has been trying to close both cases for several days. It was also reported that he plans to finish his job and leave the Department of Justice before Trump returns to the White House.

Earlier, the president-elect promised to fire him “within two seconds” of taking office.

Stormy Daniels silences the money case

Trump still faces legal questions about criminal charges brought by prosecutors in New York and Georgia. Because these are federal and not federal crimes, Trump cannot pardon himself in relation to either.

In New York, Trump has already been found guilty of 34 counts of falsifying business records, related to attempts to conceal payments to former movie star Stormy Daniels before the 2016 presidential election.

Prosecutors allege that Trump wanted to prevent Daniels from revealing allegations of a sexual encounter in 2006, worried that it might hurt his successful 2016 presidential campaign.

As a result of his conviction in May, Trump will become the first president to enter the White House with a criminal record.

Judge Juan Merchan had been scheduled to sentence Trump on November 26 but postponed all scheduled dates, pausing the trial to give both sides time to consider recommendations regarding his return to the Oval Office.

Experts said the worst Trump could have faced would have been house arrest. Now, it seems certain that, whatever Merchan’s decision, the sentence will not be handed down until Trump leaves the White House in 2029.

Of the four separate cases against Trump, the hush money case was the only one that went to trial.

Georgia racketeering case

Trump has also faced charges for his efforts to subvert the 2020 election in Georgia.

Biden narrowly won the state and the presidency, but Trump and his allies allegedly continued to spread false information about voter fraud, pressuring Georgia lawmakers to overturn the result.

The case was complicated by the revelation that Fulton County District Attorney Fani Willis had an affair with Nathan Wade, the outside prosecutor she hired to help prosecute the case.

Fulton County Superior Court Judge Scott McAfee ruled that Willis can keep his job if Wade leaves. McAfee subsequently dismissed six of the 41 counts in the case against Trump.

The president-elect and the other accused are now asking the court to impeach Willis for his conduct as his trial is adjourned to December 5.

Lawsuits for damages

Trump also appealed the May 2023 verdict that found him guilty of sexual assault and defamation of Jean Carroll.

Trump has been ordered to pay the author more than $83m.

The president-elect is also contesting a $478m verdict that found he and his company fraudulently approved real estate prices, in a fraud suit brought by New York attorney general Letitia James.