Special Counsel Jack Smith made a massive concession in the Florida case against President-elect Donald Trump, which has speculation swirling about the possible direction of what has turned out to be one of the most closely observed legal battles in the United States. It certainly seems to indicate that the Justice Department is recalibrating its approach considering Trump is both a former and future president. I have a great idea. Toss all of the charges out. That’s ultimately what will happen anyway. Let’s just get it over with.
Imagine if Smith were to come out and admit the whole thing was just an attempt to prevent Trump from becoming the president during this election cycle. I mean, that requires these folks to be transparent and that’s just not going to happen. However, since they’ve failed in their ultimate goal, why not just bring the whole thing to an end and move on?
Check out more details from Trending Politics News:
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 went on to write. “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 added.
Smith making the request for the court to pause the appeal is in line with the DOJ’s policy about not prosecuting sitting presidents. The reason such a policy exists is because it is believed that having a president go through criminal proceedings would cause a number of problems with the executive branch’s ability to carry out its duties as outlined by the Constitution.
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.
Reports have also revealed that Smith is already planning to step down from his position as special counsel before Trump takes office in January. Which makes sense because if he didn’t step down he’d be fired by the president-elect the moment he was sworn in as commander-in-chief.
“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,” the report concluded.
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