Smith Asks Court to Pause Appeal in Classified Documents Case

Jack Smith appears to be taking the next step in having his cases against Donald Trump dropped.

Smith has motioned the court to put the appeal of the classified documents case on hold.

In his motion, Smith stated that this was to evaluate the current state of the case, but most legal experts believe this is procedural, so Smith can drop the case altogether.

Calling It Quits

Now that Trump has won the election, he cannot be tried in a federal case once he takes his oath of office.

Smith has no chance of getting either of his cases into the courtroom before January, so if he wanted to prosecute, he would have to wait four years before he could continue to move these cases forward.

Smith had already moved to cancel the deadlines in the January 6 case with Judge Chutkan, and now he is asking the court to do the same in the classified documents case.

The filing stated that the pause in the case would allow “the Government time to assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy.”

If the motion is granted, Smith will have until December 2 to update the court on its progress.

The case in question had actually been tossed by Judge Cannon, claiming that Smith was illegally appointed, but that would not hold up under appeal.

Smith was appointed using a rule that has been in place since the Nixon presidency, the same rule that was used by former Attorney General William Barr to appoint John Durham during the Trump presidency.

If Smith does drop both cases, as we suspect, it would also prevent Trump’s AG from having to fire him, which would have surely resulted in cries of abuse of power and a possible impeachment of Trump and his attorney general.

The only question remaining now is whether judges will follow suit in the other cases.