Smith's team has been evaluating how to wind down the classified documents and the federal 2020 election interference case in Washington before Trump takes office because of longstanding Justice Department policy that says sitting presidents cannot be prosecuted.
The case accusing Trump of hoarding classified documents at his Mar-a-Lago estate had been seen as the most legally clear-cut of the four indictments against him, given the breadth of evidence that prosecutors say they had accumulated. That included the testimony of close aides and former lawyers, and because the conduct at issue occurred after Trump left the White House in 2021 and lost the powers of the presidency.
Special prosecutor Jack Smith is expected to leave his post before Donald Trump takes office again. (AP PHOTO)
But US District Judge Aileen Cannon dismissed the case in July, ruling Smith was illegally appointed by the Justice Department. Smith had appealed her ruling to the 11th US Circuit Court of Appeals before Trump's presidential win last week over Vice President Kamala Harris.
Prosecutors asked the 11th Circuit in a court filing on Wednesday to pause the appeal to "afford the government time to assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy". Smith's team said it would "inform the Court of the result of its deliberations" no later than December 2.
The judge overseeing the federal case in Washington accusing Trump of conspiring to overturn the 2020 election cancelled all upcoming deadlines in the case last week after Smith's team made a similar request.
Smith is expected to leave his post before Trump takes office, but special counsels are expected to produce reports on their work that historically are made public, and it remains unclear when such a document might be released.
