Former President Trump’s legal team has requested a deadline extension in his documents case, a move that will likely further delay a review of U.S. District Court Judge Aileen Cannon’s decision to dismiss the case.
The extension could delay a higher court’s review of Cannon’s surprise ruling until past the inauguration of the next president. Cannon tossed all pending charges against Trump, determining that special counsel Jack Smith was improperly appointed.
Trump is facing charges on 40 counts related to retaining documents with classified markings, sparking charges for violating the Espionage Act as well as obstruction of justice.
The request for a 30-day extension from Trump’s team is likely to be granted by the 11th Circuit Court of Appeals, which typically approves first-time bids.
The filing also notes that Smith’s team does not oppose the move.
Smith’s team has appealed Cannon’s decision, arguing that she bucked 50 years of percent regarding special counsel appointments. They say Attorney General Merrick Garland had full authority to appoint Smith.
Smith has already filed his brief in the case. The Trump’s team brief is due on Sept. 25.
The 11th Circuit has twice reversed earlier rulings from Cannon.
Attorneys for Trump said they would be unable to meet the deadline given demands in another federal case involving Trump on allegations of election interference.
“President Trump and his counsel are presently engaged in motion practice in a separate case brought by the Special Counsel in the District of Columbia…which will require counsel to spend time in a sensitive compartmented information facility (“SCIF”) in Washington, D.C. in the coming weeks to meet that court’s briefing schedule,” the filing states.
