Regarding MAL... it almost feels as if, with the weird jury instruction, Judge Cannon is deciding an issue of fact (without evidence from him, that Trump did whatever he needed to do to render the classified documents 'personal') while leaving a question of law for the jury (whether to convict if the documents are personal). I wonder if the special counsel will say that second jury instruction is contrary to law and that if Cannon really thinks that is what the law says she should grant the motion to dismiss the counts right now. (BTW, if Cannon tries to push into trial without deciding some of the pretrial motions - as she seems inclined to do here - would that be grounds for mandamus?)
Regarding the immunity appeal, I'm worried about what SCOTUS will do based on the way they ruled on the Section 3 case. The fact that the majority went further than it needed to in order to decide the case has me thinking that they will not be able to resist doing the same in this case. I think we could be looking at a fractured plurality opinion that send the case down for additional fact finding (with Trump as defendant unwilling to provide any evidence anyway).
Regarding MAL... it almost feels as if, with the weird jury instruction, Judge Cannon is deciding an issue of fact (without evidence from him, that Trump did whatever he needed to do to render the classified documents 'personal') while leaving a question of law for the jury (whether to convict if the documents are personal). I wonder if the special counsel will say that second jury instruction is contrary to law and that if Cannon really thinks that is what the law says she should grant the motion to dismiss the counts right now. (BTW, if Cannon tries to push into trial without deciding some of the pretrial motions - as she seems inclined to do here - would that be grounds for mandamus?)
Regarding the immunity appeal, I'm worried about what SCOTUS will do based on the way they ruled on the Section 3 case. The fact that the majority went further than it needed to in order to decide the case has me thinking that they will not be able to resist doing the same in this case. I think we could be looking at a fractured plurality opinion that send the case down for additional fact finding (with Trump as defendant unwilling to provide any evidence anyway).