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’ REPLY IN SUPPORT OF ITS MOTION FOR 

A ONE-WEEK EXTENSION OF TIME

PENDING ISSUANCE OF THE ELEVENTH CIRCUIT’S MANDATE

The United States of America respectfully replies in support of its motion to 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). The motion is fully briefed and ripe for this Court’s 

decision. A proposed order that reflects that the motion is fully briefed accompanies this 

reply. 

1. By extending the deadlines for three submissions by one week, the 

government’s motion saves both parties and most importantly the Special Master the time 

that would otherwise be spent preparing and in one instance filing submissions that may 

become moot upon issuance of the Eleventh Circuit’s mandate. 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. 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 

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week’s delay.

2. Plaintiff’s counsel opposes the one-week extension and explains that “[t]he 

Eleventh Circuit shortened the time to issue the mandate, thereby decreasing the already 

limited time available to President Trump to pursue legal options.” D.E. 195 ¶ 2.

3. The government’s motion extends the time for three submissions in this 

Court. It does not modify or abridge Plaintiff’s deadlines to petition for rehearing or suggest 

rehearing en banc in the Eleventh Circuit or petition for a writ of certiorari in the United 

States Supreme Court. Indeed, the one-week extension of time for the submissions in this 

Court would appear to free up the “limited time available to President Trump” and his 

counsel to consider and potentially pursue Plaintiff’s options on appeal.

4. Plaintiff’s opposition does not speak to the unnecessary burden imposed on 

the Special Master of continuing to work for another week towards a deadline on a 

voluminous report and recommendation that may become moot.

CONCLUSION

For the foregoing reasons, and those in the original motion (D.E. 194), the Court 

should extend by one week the upcoming deadlines of three submissions:

• 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

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