Jack Smith did everything he could and still lost.
Special counsel Jack Smith has recently requested a federal appellate court to delay his appeal in the case concerning former President Donald Trump and classified documents. In a filing to the 11th U.S. Circuit Court of Appeals, Smith explained that the results of the 2024 election, where Trump is expected to be certified as President-elect in January, have introduced an unprecedented situation. As a result, Smith is asking the court to temporarily pause the legal proceedings until December 2, 2024, giving the Department of Justice time to assess the best course of action.
Smith’s request follows the dismissal of the case by Florida Judge Aileen Cannon in July, who ruled that the special counsel’s appointment was unconstitutional. Smith had sought to challenge this ruling, but now he acknowledges that the election results complicate matters. He also mentioned that Trump’s legal team has agreed to the proposed delay, with no objections to holding the case in abeyance.
The development is part of a broader effort by the Justice Department to wind down investigations involving Trump in light of his electoral victory. Reports suggest that Smith is looking to finalize his work before Trump takes office in January, knowing that a second Trump administration would likely lead to his removal. Trump himself has promised to fire Smith “within two seconds” of taking office.
The special counsel’s office is working under a cloud of uncertainty, given the Department of Justice’s long-standing policy of refraining from prosecuting sitting presidents. Smith’s actions also reflect the difficult political and legal landscape surrounding the investigations into Trump’s post-presidential conduct, including the handling of classified documents at Mar-a-Lago. The case and Smith’s appeal remain highly contentious, with ongoing questions about the fairness and constitutionality of the investigations.
For Republicans, this entire situation reinforces concerns over politically motivated legal battles aimed at undermining Trump’s future political prospects. Many view these actions as part of a larger effort to derail a potential Trump comeback, signaling a need for scrutiny of how the justice system handles such high-profile cases.