UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

CASE NO. 22-CV-81294-CANNON

DONALD J. TRUMP,

Plaintiff,

v. 

UNITED STATES OF AMERICA, 

Defendant. 

________________________________/ 

THE UNITED STATES’ MOTION FOR A ONE-WEEK EXTENSION OF TIME

PENDING ISSUANCE OF THE ELEVENTH CIRCUIT’S MANDATE

The United States of America respectfully moves this Court for a one-week extension 

of time of upcoming deadlines pending the issuance of the Eleventh Circuit’s mandate in 

Donald J. Trump v. United States of America, No. 22-13005 (11th Cir. Dec. 1, 2022) (per 

curiam). 

1. In the above-referenced interlocutory appeal, the panel “conclude[d] that the 

district court lacked jurisdiction to consider Plaintiff’s initial motion or to issue any orders in 

response to it.” Slip op. at 10. “For that reason, we VACATE the September 5 order on 

appeal and REMAND with instructions for the district court to DISMISS the underlying 

civil action.” Slip op. 21.

2. Absent a stay or withholding of the mandate, the Eleventh Circuit’s mandate 

will issue next Thursday, December 8. By default, the mandate must issue “7 days after the 

time to file a petition for rehearing expires, or 7 days after entry of an order denying a timely 

petition for panel rehearing, petition for rehearing en banc, or motion for stay of mandate, 

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whichever is later.” FED. R. APP. P. 41(b). But Federal Rule of Appellate Procedure 41(b)

authorizes a Circuit Court to “shorten or extend the time by order.” 

3. In this appeal, the Eleventh Circuit shortened the default time within which 

the mandate would issue and ordered the mandate to issue seven days from the date of 

today’s opinion, or Thursday, December 8, 2022: “Absent a stay or withholding of the 

mandate in the appeal to which this order is appended, the clerk is directed to issue the 

mandate after seven days of the date of this opinion.” Order in 22-13005 (Dec. 1, 2022); see

FED. R. APP. P. 26(a) (days are calendar days, not business days, but must end on a business 

day). Accordingly, unless Plaintiff obtains a stay of the mandate from the Eleventh Circuit 

or United States Supreme Court, the mandate will issue next Thursday, December 8. 

4. Pending the issuance of the Eleventh Circuit’s mandate, the parties and 

Special Master have deadlines and work that will be rendered moot when the mandate 

issues. The government has a response to Plaintiff’s motion to unseal the search-warrant 

affidavit (D.E. 189), which is due next Tuesday, December 6. Both parties have a response 

to the News Media’s Joint Motion for Access to Unredacted Search Warrant Affidavit

(D.E. 192), which is due on Wednesday, December 14. And the Special Master is working 

diligently on his report and recommendation, as is reflected in yesterday’s joint filing by the 

parties in response to the Master’s questions (D.E. 193-1), which Special Master report and 

recommendation is due on Friday, December 16 (D.E. 125, at 5). 

5. If the mandate issues, this Court’s one-week extension of time will conserve 

the resources of this Court, the Special Master, and the parties, consistent with Civil Rule 1, 

which governs this civil action. FED. R. CIV. P. 1 (“They [the Federal Rules of Civil 

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Procedure] should be construed, administered, and employed by the court and the parties to 

secure the just, speedy, and inexpensive determination of every action and proceeding.”) 

(emphasis added). 

6. If the mandate does not issue, the Court, Special Master, and parties will 

resume work where they left off under the extended deadlines with only one week’s delay.

7. Yesterday evening, we wrote to Plaintiff’s counsel and asked for Plaintiff’s 

consent to a motion to stay upcoming deadlines. As of the time of filing of this motion, we 

have not heard back from Plaintiff’s counsel.

CONCLUSION

For the foregoing reasons, the Court should extend upcoming deadlines pending the 

issuance of the Eleventh Circuit’s mandate in Donald J. Trump v. United States of America, No. 

22-13005 (11th Cir. Dec. 1, 2022) (per curiam). The government suggests an extension of the 

three deadlines in paragraph 4 by one week -- specifically:

• The government’s response to Plaintiff’s motion to unseal the search-warrant 

affidavit (D.E. 189) be and hereby is extended to and including December 13, 

2022; 

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• The parties’ response to the News Media’s Joint Motion for Access to 

Unredacted Search Warrant Affidavit (D.E. 192) be and hereby is extended to 

and including December 21, 2022; and 

• The Special Master’s report and recommendation (D.E. 125, at 5) be and hereby 

is extended to and including December 23, 2022. 

Respectfully submitted,

 JACK SMITH

SPECIAL COUNSEL

 By: /s/ 

 JAY I. BRATT 

 Chief

 JULIE EDELSTEIN

 Deputy Chief 

 STEPHEN MARZEN

 Trial Attorney

 Counterintelligence and Export Control Section 

 National Security Division

Department of Justice

 JUAN ANTONIO GONZALEZ 

UNITED STATES ATTORNEY 

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on December 2, 2022, I electronically filed the foregoing

document with the Clerk of the Court using CM/ECF. I also certify that the foregoing

document is being served this day on all counsel of record via transmission of Notices of 

Electronic Filing generated by CM/ECF.

/s/ Julie A. Edelstein 

Julie A. Edelstein

Deputy Chief

Counterintelligence and Export Control Section

National Security Division

United States Department of Justice

950 Pennsylvania Avenue, N.W.

Washington, DC 20530

Special Bar # A5502949

Tel.: 202-233-0986 

Email: julie.a.edelstein@usdoj.gov 

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