By Free Republic | Created at 2024-11-14 19:03:21 | Updated at 2024-11-23 05:25:36
1 week ago
JUST IN: Jack Smith Stands Down, Makes Massive Concession In Florida Case
Trending Politics ^ | 11/14/2024 | Chris Powell
Posted on 11/14/2024 10:47:41 AM PST by Signalman
Special Counsel Jack Smith has made a significant concession in the Florida case against President-elect Donald J. Trump, prompting speculation about the trajectory of one of the most closely watched legal battles in the country. The move signals recalibration of the Justice Department’s strategy as it navigates the unprecedented legal terrain surrounding a former and future president.
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 wrote.
“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 read.
Smith’s request to pause the appeal aligns with the Justice Department’s longstanding policy of not prosecuting sitting presidents. The policy is grounded in the belief that criminal proceedings against a sitting president would unduly interfere with the executive branch’s ability to perform its constitutionally assigned duties.
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.
Smith also intends to step down with his team before Trump assumes office in January, according to sources who spoke to The New York Times. The special prosecutor aims to conclude all significant aspects of his work himself, sources noted,
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.
TOPICS: Constitution/Conservatism; Front Page News; Government; Politics/Elections
KEYWORDS: 20241202; 202501; 20250106; certification; floridacase; inauguration; jacksmith; swearingin
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1 posted on 11/14/2024 10:47:41 AM PST by Signalman
He’ll still run his mouth on X
2 posted on 11/14/2024 10:50:04 AM PST by Gene Eric
To: Signalman
What a colossal waste of taxpayer money and a waste of the court's time. Simply an abuse of power, thee needs to be accountability, let's allow Gaetz to look into it shall we..
3 posted on 11/14/2024 10:50:20 AM PST by 1Old Pro
To: Signalman
The term “stands down” sounds like it means that he’s pausing the case while he regroups. Not quitting.
4 posted on 11/14/2024 10:50:45 AM PST by RoosterRedux (Emerson paraphrased, "If you strike at the king, don't fail." They failed. )
To: Signalman
“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.”
ABEYANCE? For crying out loud, just announce “Charges dismissed. Case closed.”
5 posted on 11/14/2024 10:51:33 AM PST by ProtectOurFreedom (Republicans are the party that says ‘Government doesn’t work.’ Then they get elected and prove it.)
To: Signalman
The special prosecutor aims to conclude all significant aspects of his work himself, sources noted,
thoughts?
6 posted on 11/14/2024 10:52:02 AM PST by PeterPrinciple (Thinking Caps are no longer being issued but there must be a warehouse full of them somewhere.)
To: Signalman
Take no prisoners. Jack Smith should go through the DOJ meatgrinder for his crimes. Any DOJ who refuse to cooperate are accomplices.
7 posted on 11/14/2024 10:52:10 AM PST by MtnClimber (For photos of scenery and wildlife, click on my screen name for my FR home page. More photos added.)
To: Signalman
So, the case is still not closed. I am not sure how many ways they can state that, but Smith and the MSM will try their hardest.
8 posted on 11/14/2024 10:52:56 AM PST by CatOwner (Don't expect anyone, even conservatives, to have your back when the SHTF in 2021 and beyond.)
To: Signalman
It’s not over until all charges are dropped and the prosecution is dismantled. Otherwise it is just dormant, and they could return to make an example of Trump, even in his 80’s.
9 posted on 11/14/2024 10:53:26 AM PST by lurk (u)
To: RoosterRedux
Probably trying to find some way to scare electors before the electoral college meets.
10 posted on 11/14/2024 10:53:34 AM PST by piasa (Attitude adjustments offered here free of charge)
To: Gene Eric
“He’ll still run his mouth on X”
In the words of Kahn in Star Trek 2: “No...you can’t get away...”
11 posted on 11/14/2024 10:54:30 AM PST by The Antiyuppie (When small men cast long shadows, it is near the end of the day.)
To: Gene Eric
He can run his mouth all he wants but his power is waining
12 posted on 11/14/2024 10:55:10 AM PST by BigEdLB ( Let’s go Brandon)
To: Signalman
How’s it feel to be a failure, Jackass Smith?
Worse for you, doesn’t look like MSDNC will be hiring.
13 posted on 11/14/2024 10:56:29 AM PST by bigbob (Yes. We ARE going back!)
To: Signalman
The charges should be dismissed with prejudice. And Smith and everyone involved in putting him in place should be prosecuted, found guilty, and imprisoned for this lawfare B.S.
14 posted on 11/14/2024 10:56:53 AM PST by FreedomPoster (Islam delenda est)
To: Signalman
Soon we’ll get reports like this from those old muppets in the senate
15 posted on 11/14/2024 10:57:13 AM PST by stanne
To: Signalman
No, this is not a massive concession. This is a tactical retreat. He is making no move to dismiss the case. And despite Cannon’s ruling and Clarence Thomas indicating his entire appointment is illegal, he is still occupying his illicit office.
His move today is an attempt to PAUSE the case. The communists and DC party will absolutely bring it back to life the minute Trump leaves office.
As soon as he is sworn in, Trump needs to pardon himself and every single other person in these cases so they can never be resurrected after this tactical pause for his presidency.
16 posted on 11/14/2024 10:59:38 AM PST by DesertRhino (2016 Star Wars, 2020 The Empire Strikes Back, 2024... RETURN OF THE JEDI..)
To: Signalman
And he needs to be prosecuted for violation of civil rights. And it needs to happen in Florida. Trump needs to ruin him.
17 posted on 11/14/2024 11:01:03 AM PST by DesertRhino (2016 Star Wars, 2020 The Empire Strikes Back, 2024... RETURN OF THE JEDI..)
To: Signalman
The left gambled that they could bring him down, or at the least, wear him out. They lost. Now they’re scrambling for cover.
18 posted on 11/14/2024 11:02:09 AM PST by brownsfan (It's going to take real, serious, hard times to wake the American public.)
And 84 year old Pelosi just filed to run again in 26.
19 posted on 11/14/2024 11:02:34 AM PST by TornadoAlley3 ( I'm Proud To Be An Okie From Muskogee)
To: ProtectOurFreedom
They fully intend to resume these cases as soon as Trump leaves office.
Trump needs to pardon himself and everyone else. This is war and “optics” and stuffed shirt DC crap is out the window. They need to be hurt now and destroyed as a threat to freedom.
20 posted on 11/14/2024 11:02:39 AM PST by DesertRhino (2016 Star Wars, 2020 The Empire Strikes Back, 2024... RETURN OF THE JEDI..)
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