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.
This can just get appealed, right? I mean obviously the clock is on Trump’s side, but a judge can’t just magically wave away crimes on double Jeopardy like this, can they?
If a judge acquits the defendant during a trial before a jury has rendered a verdict, yeah they kind of can de facto wave crimes away if they really want to. Trial judges are important too, not just appeals judges. Another reason why republicans pushing through all of these unqualified judges is so devastating.
https://www.justia.com/criminal/procedure/judgments-of-acquittal/
She’s hinting that she’s going to make up some totally incorrect interpretation of the presidential records act (made to prevent presidents from taking materials that belong to the government, not shield them from stealing classified records), say under my interpretation no reasonable jury could convict him based on the evidence, and then acquit him before a jury renders any verdict, essentially not appealable to the best of my knowledge as long as it’s done before a verdict, but correct me if I’m wrong. If she dismissed on this basis before the trial it would be appealable, or if she overturned a jury guilty verdict that would be appealable. This ruling she issued just said she would not dismiss the charges on this basis before the trial, but she’s not ruling out going with that interpretation anyway during the actual trial, and her bizarre hypothetical jury instructions order telegraphs this is her intent.
Yup. SCOTUS never really contemplated a completely corrupt judge just jumping on a grenade for her lumpy overlord. Her career under any Democratic president (and possibly several Republican ones) would be over, but she can totally let him off the hook. The circuit has been halfway sensible so far, and Smith needs to accept that he’s fighting two opponents who are not even playing the same game as he is, and he needs to pivot to getting rid of her, however long that takes.
I’m not a specialist, nor lawyer. The discussion I’ve heard so far is that if the judge dismissed the case after the jury is empaneled, but before much (or any) evidence has been presented, then it limits what can be appealed. Appeals can only be done on the case as it was run, not with new evidence, so if she ends it before the prosecution can enter evidence and arguments, then the appeal process might not have much to appeal.
Whether that strategy would actually work to protect the defendant, I don’t know, but it’s currently a scenario being floated by some commentators (who actually are lawyers) watching the case.