Justice Department lawyers on Thursday took the highly unusual step of asking the Supreme Court to review the case now, before the appeals court acts.
Authorities warned Germans especially in western and northern Germany to not leave their homes on Thursday if possible.
Brazilian media quoted police as saying the driver told them he had an epileptic seizure when he plowed into the Copacabana Beach boardwalk.
Bill Cosby faces retrial in April on charges he drugged and sexually assaulted Andrea Constand in 2004.
Prosecutors said they would focus their efforts on 59 remaining defendants who they alleged were the ringleaders of the violence on Jan. 20, 2017.