1/Judge Cannon has just denied Trump's motion to dismiss the classified documents case in Florida. Trump had argued the Presidential Records Act gave him the ability to designate classified material as personal records, shielding him from prosecution under the Espionage Act.
2/ In what looks, at least at first glance, like an effort at saving face, Judge Cannon also vigorously denies what she characterizes as the Special Counsel's request for a final decision on jury instructions.
3/The Judge's characterization of what Special Counsel asked for is incorrect. He wanted a ruling on the Presidential Records Act motion, the ruling she has now delivered. And she ruled in his favor.
4/I explained, in a new column just moments ago, why this was the only ruling she could reach. The PRA isn't a forgiveness mechanism for a former president who violates the rules about possessing classified information. open.substack.com/pub/joycevance…
5/ Contrary to what the judge says in her order, Jack Smith was clearly demanding a ruling on the PRA, the one she has now made. It's a big loss for Trump, delivered through the skillful legal maneuvering of the special counsel.
6/ Not only did the judge face the certain prospect of removal. If Smith, asked the circuit to force her to rule or appealed a ruling in Trump's favor, the 11th Circuit could have ordered her recusal. That's off the table, at least for now.
7/ If you've read this far, you're probably interested in knowing more about the details, which you can find here. You can sign up for my newsletter for free if you're interested in staying on top of issues at the intersection of law & politics. open.substack.com/pub/joycevance…
.@neal_katyal & others are making the point that because of the lack of finality in the judge's ruling it would be preferable for special counsel to go to the 11th Circuit & seek a final decision. I agree, but it will be more difficult to get mandamus following this ruling under the test I lay out in the newsletter.
9/& on this record, if Judge Cannon, tried to give a PRA instruction favorable to Trump at trial, the government would be entitled to take an immediate appeal, halting the proceedings until the 11th Circuit could rule on whether it was correct, or not.
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