Free-Floating Addendum

It's worth underlining that the reason legal experts are debating the appropriate next steps for Jack Smith in the classified documents case, when typically they generally agree altho they may see different nuances, is that Judge Cannon is straight off the rails & not in line… https://t.co/gnEZ9ZzuDe

— Joyce Alene (@JoyceWhiteVance) April 5, 2024

What I was trying to get at. Cannon’s actions are just nuts.

BREAKING: In another bizarre order, Judge Cannon denies Trump’s Motion to Dismiss on the Presidential Records Act, but included plenty of language in the order that is cause for concern. I tried to untangle her nonsense in this story …https://t.co/DVte5Hnn2P

— Ron Filipkowski (@RonFilipkowski) April 4, 2024

At the same time, Cannon also rejected Jack Smith's request to finalize the jury instructions before trial as "unprecedented and unjust." Smith wanted this issue resolved now because if Cannon decided that the PRA was applicable at some point during the trial (rather than before) based on the testimony and evidence presented, and decided to make that an affirmative defense, the government would have no ability to appeal that since the trial would've already commenced. 

Cannon went on to suggest that Smith was overreacting to her attempt to make him submit jury instructions which incorporated the PRA, claiming that he "misinterpreted" her intent. She claims that her request was simply "a genuine attempt (on her part) to better understand the parties' competing positions ..."

"A misinterpretation”? “A genuine attempt to better understand the parties competing positions”? That’s what law clerks are for. The judge doesn’t set up contests to see if the parties can explain themselves. Trial court isn’t a moot court, or an appellate oral argument. And this isn’t some interpretation. She put this in writing!!

I’m still uncertain about the motion to recuse, just because that’s such a nuclear weapon. But Jumpin’ Jehoshaphat, this is not how a trial judge is supposed to behave. The $64,000 question now is: can Jack Smith use this to establish the grounds for either a motion to recuse, or a writ of mandamus? It’s difficult to explain, but courts run on well-defined rails. Just filing a suit requires stating a “cause of action,” recognized grounds for relief. What are the grounds for overruling a judge before trial, or forcibly recusing the judge altogether? Those are the questions Jack Smith is asking. And Cannon is dodging and weaving like no judge I’ve ever seen. Because she’s incompetent? Because she’s pro-Trump?

The outcome is still the same. Is that enough for recusal? We’ll have to wait and see.