JUST IN: Jack Smith Stands Down, Makes Massive Concession In Florida Case

Special Counsel Jack Smith has made a significant concession in the Florida case against President-elect Donald J. Trump, prompting speculation about the trajectory of one of the most closely watched legal battles in the country. The move signals recalibration of the Justice Department’s strategy as it navigates the unprecedented legal terrain surrounding a former and future president.

In a filing submitted on Wednesday to the 11th U.S. Circuit Court of Appeals, Smith cited the recent election results as a pivotal factor. He noted that Trump is expected to be certified as President-elect on January 6, 2025, and inaugurated on January 20, 2025. Given these developments, Smith requested that the court hold the appeal in abeyance until December 2, 2024, to allow the government time to assess the situation and determine the appropriate course of action consistent with Department of Justice policy.

“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.

“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.”

“If the Court grants the abeyance, the Government will inform the Court of the result of its deliberations—and, if appropriate, file its reply brief—no later than December 2, 2024. The Government has consulted with counsel for the defendants, who do not object to this request,” the filing read.

Smith’s request to pause the appeal aligns with the Justice Department’s longstanding policy of not prosecuting sitting presidents. The policy is grounded in the belief that criminal proceedings against a sitting president would unduly interfere with the executive branch’s ability to perform its constitutionally assigned duties.

The classified documents case, which centers on allegations that Trump improperly retained sensitive government materials at his Mar-a-Lago estate after his presidency, was dismissed in July by U.S. District Judge Aileen Cannon. Judge Cannon ruled that Smith’s appointment as special counsel was unconstitutional, leading to the dismissal of the case. Smith’s team had appealed the decision, arguing that the ruling conflicted with longstanding appointment practices within the Department of Justice.

The filing now indicates that Smith’s team plans to inform the appeals court of its future course by December 2. Notably, Trump’s legal team has not objected to this request, suggesting a mutual recognition of the complexities introduced by the election outcome. As the nation prepares for a transition of power, the Justice Department is deploying a cautious approach to navigating the unprecedented legal landscape surrounding a former president returning to office.

Smith also intends to step down with his team before Trump assumes office in January, according to sources who spoke to The New York Times. The special prosecutor aims to conclude all significant aspects of his work himself, sources noted,

The timeline for Smith to wrap up his work remains unclear, casting doubt on whether it will be disclosed before the Biden administration exits. However, officials indicated that he plans to leave as soon as possible. He has also informed prosecutors and F.B.I. agents on his team not directly linked to the process that they should prepare to leave in the coming weeks, according to The Times.

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