Sometimes Justice Delayed Is Justice Preserved

Regretfully, I think Judge Cannon made the correct chess move yesterday, and I join those saying that Jack can’t seek mandamus just yet. Still, I think it’s unlikely Cannon can avoid a 11th Circuit showdown on *something* soon...
1/9https://t.co/jjWdJEBKxC

— Roger Parloff (@rparloff) April 5, 2024

... E.g., Trump wants massive discovery on his frivolous motion to dismiss for selective or vindictive prosecution. At times during the 3/14/24 hearing, Cannon seemed to be laying a foundation for granting that, which would be unprecedented ...
/3https://t.co/T3xJXdKgXH

— Roger Parloff (@rparloff) April 5, 2024

... Trump also has a motion to dismiss for prosecutorial misconduct—apparently seeking reversal of DC Cir ruling forcing Evan Corcoran to testify. That’s still on Cannon’s Undocketed Docket, so we haven’t seen it, but it, too, might offer a chance...
/5https://t.co/GEAsaCl6Ic

— Roger Parloff (@rparloff) April 5, 2024

As for her jury instructions, Cannon’s right that ordinarily judges don’t rule on those till mid-trial. The cases I cite below, including 2 brought during trial, show that review is theoretically possible then. So mandamus arguably not required ...
/7https://t.co/8AFwouHKqF

— Roger Parloff (@rparloff) April 5, 2024

Therefore, I agree with @BradMossEsq et al saying that Jack’s next move seems to be a motion in limine (before trial) demanding that Cannon bar Trump from arguing that the PRA can confer authority to possess classified docs. Frustrating, but I think that’s his best bet.
/9-end

— Roger Parloff (@rparloff) April 5, 2024

Best rundown I’ve seen of the state of this case and what a mess it’s in, largely due to Cannon. Incompetence and bias is written all over this record. Cannon won’t decide, and she won’t decide against Trump. If this were a civil trial it wouldn’t matter as much as it does to a criminal trial, because of double jeopardy. That doesn’t attach the moment the jury is selected, but I don’t doubt for a moment Cannon will wait until it does to dismiss the case.

Notably, nobody on legal Twitter is complaining about delay of this case anymore. Reassigning this case would certainly delay the trial to 2025. The more serious concern for justice (I prefer a jury decide) would be Cannon dismissing this case without an opportunity to appeal.