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Special prosecutor Jack Smith asks to pause appeal on classified documents case against Trump

The request asks for time to determine "the appropriate course going forward consistent with Department of Justice policy."

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Special prosecutor Jack Smith / Mandel NganAFP

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This Wednesday, special prosecutor Jack Smith filed a request with the 11th Circuit Court of Appeals to pause his appeal on the case of Donald Trump's alleged mishandling of classified documents in Mar-a-Lago, Florida.

Smith argued that staying the appeal would give the government time to assess the situation and decide "the appropriate course going forward consistent with Department of Justice policy" of not pursuing criminal charges against a sitting president.

In his request, Smith employed language similar to that used in an earlier motion to stay a case related to alleged 2020 election interference against Trump in Washington, DC.

A delicate context

The motion comes at a pivotal moment, as the court is reviewing a previous decision by Judge Aileen Cannon, who ruled that Smith was unlawfully appointed to oversee the case.

The request also comes at a sensitive time, following Trump's victory in the presidential election, which casts doubt on the future of the charges against the former president.

The likely end of the appeal

This request could mark the end of an appeal that some legal experts believed was winnable, after Judge Cannon dismissed the case. Had Smith prevailed on appeal, the case could have gone back to the judge to pursue charges against Trump related to the Espionage Act and obstruction of justice due to his handling of classified documents. However, the request to stay the appeal suggests that this process could come to an end without reaching that stage.

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