Special counsel Jack Smith has requested a pause on the appeal to revive the classified documents case against President-elect Donald Trump, citing the complexities of pursuing legal action against a sitting president.
The appeal, which followed the dismissal of the case by U.S. District Judge Aileen Cannon in July, comes as Trump prepares to return to the White House.
Smith’s team is assessing how to conclude this and other investigations, including the federal election interference case, consistent with Justice Department policy barring prosecution of sitting presidents.
A final decision on the appeal is expected by Dec. 2, and Smith is anticipated to leave his post before Trump’s inauguration. A report detailing the special counsel’s findings may be released publicly at a later date.
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