Jack Smith asked a federal appeals court to pause the classified documents case against President Trump on Wednesday.
Smith’s latest request comes after he asked Judge Tanya Chutkan to pause the January 6 case against Trump.
It was reported earlier that Jack Smith is planning to step down and file a report before Trump is sworn in.
CNBC reported:
Special counsel Jack Smith asked a federal appeals court Wednesday to pause proceedings in his effort to overturn a judge’s decision to dismiss the criminal classified documents case against President-elect Donald Trump and two other defendants.
Smith’s request cited Trump’s election last week to a second term in the White House.
On Friday, the special counsel cited that same reason in asking a federal judge in Washington, D.C., for a pause in proceedings in another criminal case, where Trump is charged with crimes related to his attempt to reverse his defeat in the 2020 presidential election. That request was granted.
In July Special Counsel Jack Smith appealed Judge Cannon’s decision to toss the classified documents case to the 11th Circuit Court of Appeals.
Judge Aileen Cannon over the summer dismissed Jack Smith’s classified documents case based on unlawful appointment and funding of the special counsel.
The charges waged against Trump and his co-defendants Walt Nauta and Carlos De Oliveira were all tossed.
Jack Smith indicted Trump on 37 federal counts in Miami in June 2023 for lawfully storing presidential records at his Mar-a-Lago estate which was protected by Secret Service agents.
Trump was charged with 31 counts under the Espionage Act of willful retention of national defense information and 6 other process crimes stemming from his conversations with his lawyer.
Judge Cannon dismissed the ENTIRE case: “The clerk is directed to close this case,” Cannon wrote.
Cannon dismissed Jack Smith’s case based on both unconstitutional elements: The appointment by US Attorney Merrick Garland and the unlimited funding given to Jack Smith – both without the approval of Congress.
