Jack Smith moves to head off Cannon's false jury instruction ploy

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....writing that, "Government must have the opportunity to consider appellate review before jeopardy attaches."

Kyle Cheney @kyledcheney 8h
JUST IN: An extraordinary filing from Jack Smith tonight that is almost incredulous at how legally incorrect Judge Cannon's jury instruction scenarios are re: Trump's claim that he designted reams of classified info as "personal" on the way out of the WH. https://t.co/lmmI1dvWDb

Ben Meiselas @meiselasb
Jack Smith just let Judge Cannon know he is ready to file an appeal to the Eleventh Circuit based on her unlawful rulings and if she refuses to rule he will file a writ of mandamus. Smith is done with the games and is calling out Cannon in his most sharply worded motion yet.

watch:

Link to tweet

Link to tweet

...what Jack Smith is saying here is that there is no present avenue of appeal on this informal order, and that if Cannon doesn't allow one (essentially by making her order a more formal request), he'll take the extraordinary route of asking the appeals court to rebuke her, and possibly discipline the judge up to removal, by filing what's called a 'writ of mandamus.'

The reason he's concerned is that Cannon can let the instructions stand, and once the trial is underway (and 'jeopardy attaches'), the SC has no way to appeal this. He's also basically telling Cannon to just dismiss the case now, if that's what she's going to ultimately do, so he can appeal her travesty and have her sanctioned or removed for this bastardization of the law.