Trump Administration 'Respectfully Request' That Court Continue Oral Argument Until January 2027

President Donald Trump's former co-defendants, Walt Nauta and Carlos De Oliveira, have asked a federal appeals court to postpone a 2 November hearing until January 2027.

The hearing concerns consolidated appeals over the potential release of Volume II of former special counsel Jack Smith's final report.

Lawyers for Nauta and De Oliveira cited scheduling conflicts with the November date, according to Politico. They asked the 11th US Circuit Court of Appeals to return the case to a January timetable.

A delay would move oral argument beyond the 3 November midterm elections. However, the filing language cited in the available material does not say the election influenced the request.

The distinction is important. Lawyers representing Trump's former co-defendants, not the Trump administration, made the scheduling request.

Trump Co-Defendants Seek Return to January Schedule

The 11th Circuit currently lists oral argument for 2pm ET on 2 November in Atlanta. The appeals had previously been placed on a tentative calendar for the week of 18 January 2027.

The filing asks the court to 'continue the oral argument presently scheduled for 2 November 2026.' It also asks for a new date 'in or after January 2027.'

The United States is separately represented in the consolidated appeals. Previous appellate filings were submitted separately by the government and the individual appellees.

That makes attribution particularly important. Describing the request as one from the Trump administration would incorrectly merge separate parties in the litigation.

The new filing deals only with the timing of oral argument. It does not decide the broader dispute over whether Smith's report can ultimately be released.

Jack Smith Report Appeal Traces Back to Mar-a-Lago Case

The legal battle grew out of the federal classified documents prosecution involving Trump, Nauta and De Oliveira.

Prosecutors had accused Trump of unlawfully retaining national defence information after leaving office and obstructing efforts to recover government records.

Nauta and De Oliveira were also charged in the case. The prosecution ended before trial, meaning no jury reached a verdict on the allegations against any of the defendants.

On 15 July 2024, US District Judge Aileen Cannon dismissed the superseding indictment. She ruled that Smith's appointment as special counsel violated the Constitution's Appointments Clause.

The Justice Department appealed the decision. After Trump won the 2024 presidential election, prosecutors sought to dismiss the appeal against him under department policy concerning sitting presidents. The 11th Circuit granted that request in November 2024.

The appeal continued against Nauta and De Oliveira until February 2025, when the appeals court dismissed it at the government's request.

Smith separately produced a two-volume final report covering his investigations. Volume I, dealing with the federal election case, was released publicly in January 2025.

Volume II concerns the classified documents investigation and remains unreleased. Litigation over access to the second volume continued after the criminal prosecution had ended.

On 23 February 2026, Cannon permanently barred release of Volume II and rejected an intervention request from the Knight First Amendment Institute.

The Knight Institute appealed. Related appeals were later consolidated before the 11th Circuit, which scheduled oral argument for 2 November.

Election Timing Does Not Establish Motive

The hearing falls one day before the 3 November federal general election, making its timing politically notable. That timing, however, does not establish why Nauta and De Oliveira want the hearing delayed.

The reported reason is scheduling conflicts. The filing asks to move oral argument to a date convenient to the court and counsel in or after January 2027. The cited filing provides no basis to conclude that election considerations drove the request.

The appeals court must now decide whether to keep the 2 November argument on its calendar or move it into 2027. That procedural decision remains separate from the central appellate issue, which concerns Cannon's order blocking release of Smith's Volume II.

The hearing will also not determine whether the original criminal allegations against Trump, Nauta or De Oliveira were true. The classified documents case ended without a trial or verdict.

Instead, the consolidated appeals challenge Cannon's restrictions on releasing Smith's report and related attempts by outside organisations to intervene. Any eventual appellate decision could affect whether Volume II remains unavailable.

For now, however, oral argument remains scheduled for 2 November in Atlanta unless the 11th Circuit grants the request to move it to January 2027 or later.