Judge Aileen Cannon denied Trump’s motion to drop criminal charges based on the Presidential Records Act but also refused to rule on jury instructions.
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Anna Bower of Lawfare posted:
🚨In her order denying Trump’s motion to dismiss based on the Presidential Records Act, Judge Cannon ALSO denies the special counsel’s request for a ruling on jury instructions prior to trial so that the government can seek appellate review. https://t.co/cZTOVqzH9J pic.twitter.com/YA7szPIO6u
— Anna Bower (@AnnaBower) April 4, 2024
Of course, Cannon wasn’t going to dismiss the charges against Trump on the basis of the Presidential Records Act, because Trump and his lawyers are relying on an interpretation of the Presidential Records Act that is wholly made up and the opposite of what the law does.
However, Smith wanted a ruling on jury instructions so that he could immediately appeal if Cannon decided to instruct the jury to consider Trump’s bogus interpretation of the Presidential Records Act in their deliberations. Smith wanted this ruling so that Cannon would not be able to tip the jury in Trump’s favor with her instructions.
Cannon’s refusal to rule is more game playing.
The judge is trying to drag these proceedings out past the presidential election to help Defendant Trump.
Without a ruling, Special Counsel Smith is stuck for the moment. He can’t appeal to the 11th Circuit until Cannon rules.
Aileen Cannon is messing around. Legal experts have expressed a strong belief that if she tries to go influence the jury with Trump favoring instructions, she would not only be reversed on appeal, but the Special Counsel would have grounds to get her kicked off of the case.
It is time for Judge Cannon to go. She knows this, which is why she is refusing to issue a ruling that might get her kicked off of the case.
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