- The Washington Times - Wednesday, September 18, 2024

The legal team for former President Donald Trump has requested a deadline extension to respond to the appeal of the dismissal of his Florida classified documents case, citing the former president’s other cases taking up their time.

The team is seeking a 30-day extension from the Sept. 25 deadline to file an opening brief. The extension is likely to be granted, as the 11th Circuit Court of Appeals usually approves first-time requests.

“Good cause exists for this request,” the court papers filed Tuesday said. It said the lawyers are currently dealing with the former president’s election interference case in Washington and the possible sentencing for Mr. Trump’s New York hush-money case.

“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 said.

“President Trump and his counsel are also litigating issues of first impression in the U.S. Court of Appeals for the Second Circuit that require briefing in advance of a potential sentencing hearing presently set for November 26, 2024,” it said.

Special counsel Jack Smith moved to appeal the July decision made by U.S. District Judge Aileen M. Cannon to dismiss the classified documents case. She claimed Mr. Smith was unlawfully appointed as special counsel.

The filing notes that Mr. Smith is not opposed to the extension request.

Pushing the deadline for the appeal response makes it even more likely that this case will span past the Nov. 5 presidential election.

• Mallory Wilson can be reached at mwilson@washingtontimes.com.

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