Thread by @rparloff

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...
1/9

https://twitter.com/rparloff/status/1775959172518903900

... There are too many frivolous Trump motions pending, and given her extreme aversion to ruling against Trump (for whatever reason), she can’t dodge them all indefinitely. Each may give Jack a chance to seek reassignment, which some 11th Cir. judges may already favor.
/2

... 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 ...
/3
bit.ly/4clcMCG

... Then there’s Cannon’s 2/6 order—stayed pending a motion to reconsider that’s been fully briefed since 2/28—to unseal witness names & testimony, exposing them to harassment, intimidation & threats. Jack’s all but promised to take her to the 11th Circuit on that one. ...
/4

... 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...
/5

https://twitter.com/rparloff/status/1774419990168392009

... Even Trump’s MtD for presidential immunity becomes plausible if one entertains her proposed jury instructions. If a president’s absconding with classified docs means he’s designating them as “personal” under the PRA, then that’s an “official act” & might be protected. ...
/6

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 ...
/7
bit.ly/3J1Gn6t

... The problem, tho, is that here there’s a chance that Cannon might spring a directed verdict of acquittal after the govt’s case in chief—and before a charging conference—discharging Trump forever, since double jeopardy would bar appeal.
/8

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

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