A federal appeals court has just poured cold water on Jack Smith’s desperate attempt to save his classified docs case against Donald Trump.
The case was dismissed earlier this July by Judge Aileen Cannon. But, Jack Smith is appealing the dismissal and had requested an expedited timeline for oral arguments to be heard in his appeal.
However, the 11th Circuit Appeals Court just announced it will both sides until mid-October to submit their briefs, meaning that his appeal is unlikely to be resolved until far past Election Day.
Take a look:
NEW: The appeals court's standard timeline to resolve Jack Smith's effort to revive his documents case against Trump would put the prosecution out of reach until well after the election and probably well into 2025.
w/ @joshgerstein https://t.co/cDmlWRkHrS
— Kyle Cheney (@kyledcheney) July 25, 2024
👉🏻 JUST IN: A Federal Appeals Court Smacks Down Jack Smith’s Desperate Attempt To Save Trump’s Classified Documents Case. NOT GUILTY! https://t.co/eVCA4il8UF
— Craig Bieber (@CraigBieber59) July 26, 2024
Politico reported:
Special counsel Jack Smith’s bid to revive the classified documents case against Donald Trump appears unlikely to be resolved or even argued in court before Election Day.
ADVERTISEMENTSmith is appealing U.S. District Judge Aileen Cannon’s decision last week to dismiss the case, in which the former president is charged with hoarding national security secrets at Mar-a-Lago after he left office. The federal court that will hear his appeal — the Atlanta-based 11th Circuit Court of Appeals — laid out a schedule Thursday that requires Smith and Trump to file legal briefs through mid-October.
After all the briefs are in, the court will likely hear oral arguments, with a decision weeks or potentially months after that.
Barring an effort by Smith to demand an expedited schedule, the 11th Circuit’s timeline suggests the effort by prosecutors to resuscitate the case is likely to stretch past the 2024 election. A Trump victory in the election is seen as a likely death knell for the case, as Trump’s Justice Department leaders would be expected to unravel the prosecution.
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