The Justice Department has requested a federal appeals court to temporarily halt its appeal aimed at reviving the classified documents case involving former President Donald Trump and his two co-defendants. This move comes as prosecutors deliberate on the next steps to take in the legal proceedings.
Last week, the department made a similar request to suspend the 2020 election interference case against Trump, signaling ongoing discussions between the DOJ leadership and the special counsel’s office regarding the handling of criminal cases against Trump, who is set to return to the White House. As per department policy, a sitting president is immune from prosecution.
Prosecutors have indicated that they will provide an update to the court by December 2 after assessing the situation. In a brief filing to the 11th Circuit Court of Appeals, responsible for federal cases in Florida, the department cited the need for more time to evaluate the 'unprecedented circumstance' and determine the appropriate course of action in line with DOJ policy.
Meanwhile, special counsel Jack Smith is working towards closing his office, which oversaw the two cases in question. There remains uncertainty over whether the department will separate the charges against Trump's co-defendants, who are private individuals, from those against Trump himself in the classified documents case.
The Justice Department had appealed a ruling by Florida federal Judge Aileen Cannon, who determined that the special counsel’s office lacked the authority to bring charges in court.
