The Presidential Records Act does not provide a pre-trial basis to dismiss,” Cannon wrote in the three-page ruling.
While the ruling is seemingly a win for Smith, Cannon didn’t rule out Trump’s ability to raise the issue at trial, complicating appeal options for prosecutors. She also used ample space in the short decision to take the special counsel to task over comments made in an earlier filing that urged her to speed along the case......
Cannon lashed out Thursday, noting the PRA argument could still come before jurors.
“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,” Cannon wrote.
leaving open the possibility the defense could be raised at trial means another headache for prosecutors, complicating their ability to seek an appeal.
If the issue is presented at trial and Trump was acquitted, prosecutors would be unable to seek an appeal due to the double jeopardy provision of the constitution.
Not necessarily a win for Jack Smith
As usual, there's much more nuance to procedural rulings than headlines would have you believe.
She basically said now is not the proper time to Trump to raise the issue.
I think she is playing cat and mouse with Jack Smith.
I bet she didn't think much of Jack Smith's threats.
Or his looks