From Cannon’s “ORDER DENYING DEFENDANT TRUMP’S MOTION TO DISMISS SUPERSEDING INDICTMENT BASED ON PRESIDENTIAL RECORDS ACT”
Separately, to the extent the Special Counsel demands an anticipatory finalization of jury instructions prior to trial, prior to a charge conference, and prior to the presentation of trial defenses and evidence, the Court declines that demand as unprecedented and unjust [see ECF No. 428]. The Court’s Order soliciting preliminary draft instructions on certain counts should not be misconstrued as declaring a final definition on any essential element or asserted defense in this case. Nor should it be interpreted as anything other than what it was: a genuine attempt, in the context of the upcoming trial, to better understand the parties’ competing positions and the questions to be submitted to the jury in this complex case of first impression. As always, any party remains free to avail itself of whatever appellate options it sees fit to invoke, as permitted by law.
Her response is nonsensical unless what you say is the case. She first says, hypothetically if we were to go with either of these both flagrantly incorrect interpretations of this law to say automatically that everything Trump did is legal to make jury instructions for the jury, how would you write them?
Smith replies, hold up, are you saying you’re going with that totally ridiculous law interpretation? These are both very wrong and would mean no matter what the charges get dismissed for Trump, why would we make jury instructions based on them? If this is your interpretation, say so definitively in a ruling, so we can appeal right now before the trial.
She responds, I will not rule on this issue pre-trial (implying hey I might dismiss it the second the trial starts when this is unappealable because it would trigger double jeopardy, lol), and it was just hypothetical who knows, how dare you suggest we finalize jury instructions early this instant! (even though Smith never asked to finalize jury instructions, she was the one who asked them to write hypothetical jury instructions early hinting at her insane interpretations in the first place!) She even called the case a “first impression” which is ridiculous, the law has been around since the 1920’s and has a ton of precedent.
Hopefully Smith has enough to file to just remove her from the case at this point. Yes this delays the trial, and yes the appeals court might say no, but at least it might stop her from deliberately setting her calendar for the trial this Summer to try and delay his other criminal cases too, especially the January 6th case (assuming Supreme court doesn’t give Trump immunity or something equally dumb). She should be impeached and removed from the bench, for being unqualified in the first place, making flagrant dumb mistakes in multiple cases showing her lack of any ability to do this, and actual clear malice in using her position for political ends to boot.