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Special counsel Smith asks court to pause appeal seeking to revive Trump’s classified documents case



By ALANNA DURKIN RICHER

WASHINGTON (AP) — Special counsel Jack Smith asked a court Wednesday to pause prosecutors’ appeal seeking to revive the classified documents case against President-elect Donald Trump in light of the Republican’s presidential victory.

Smith’s team has been evaluating how to wind down the classified documents and the federal 2020 election interference case in Washington before Trump takes office because of longstanding Justice Department policy that says sitting presidents cannot be prosecuted.

The case accusing Trump of hoarding classified documents at his Mar-a-Lago estate had been seen as the most legally clear-cut of the four indictments against Trump, given the breadth of evidence that prosecutors say they had accumulated. That included the testimony of close aides and former lawyers, and because the conduct at issue occurred after Trump left the White House in 2021 and lost the powers of the presidency.

But U.S. District Judge Aileen Cannon dismissed the case in July, ruling that Smith was illegally appointed by the Justice Department. Smith had appealed her ruling to the 11th U.S. Circuit Court of Appeals before Trump’s presidential win last week over Vice President Kamala Harris.



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