WASHINGTON — Special counsel Jack Smith has requested a court to pause the ongoing appeal concerning the classified documents case against Donald Trump following his recent presidential victory.

Smith’s team is currently deliberating on how to conclude both the classified documents investigation and the federal case of 2020 election interference in Washington before Trump formally assumes the presidency. This consideration is due to an established policy by the Justice Department which states that sitting presidents cannot be prosecuted.

The allegations that Trump improperly retained classified documents at his Mar-a-Lago estate were perceived as the most straightforward of the four charges against him, primarily due to the substantial evidence collected by the prosecutors. This evidence includes testimonies from close associates and former attorneys and pertains to actions taken after Trump left office in 2021, at which point he lost presidential protections.

However, the case was dismissed by U.S. District Judge Aileen Cannon in July, who ruled that Smith’s appointment by the Justice Department was improper. Smith had since appealed this ruling to the 11th U.S. Circuit Court of Appeals, prior to Trump’s electoral win over Vice President Kamala Harris last week.

In a recent submission to the 11th Circuit, prosecutors requested a pause on the appeal to allow the government adequate time to consider the unique situation and to determine the best course of action in accordance with Justice Department policies. Smith’s team has committed to informing the Court of their findings by December 2.

Additionally, the presiding judge over the federal elections case in Washington, which accuses Trump of attempting to overturn the 2020 results, has canceled all forthcoming deadlines following a similar request from Smith’s team last week.

Although Smith is anticipated to step down from his role before Trump takes office, special counsels typically compile reports detailing their investigations, which are usually made public. It remains uncertain when such a report regarding this investigation might be available.