Judge Aileen Cannon rejected Trump’s request to dismiss criminal charges under the Presidential Records Act but also declined to make a decision on jury instructions.
Anna Bower of Lawfare posted:
🚨In her order denying Trump’s motion to dismiss based on the Presidential Records Act, Judge Cannon ALSO denies the special counsel’s request for a ruling on jury instructions prior to trial so that the government can seek appellate review. https://t.co/cZTOVqzH9J pic.twitter.com/YA7szPIO6u
— Anna Bower (@AnnaBower) April 4, 2024
Of course, Cannon wasn’t going to dismiss the charges against Trump based on the Presidential Records Act because Trump and his lawyers are relying on an interpretation of the Act that is completely fabricated and contrary to the actual law.
However, Smith wanted a decision on jury instructions so that he could immediately appeal if Cannon chose to instruct the jury to consider Trump’s false interpretation of the Presidential Records Act in their deliberations. Smith wanted this decision so that Cannon would not be able to bias the jury in Trump’s favor with her instructions.
Cannon’s refusal to make a decision is a strategic move.
The judge is seeking to prolong these proceedings beyond the presidential election in order to assist Defendant Trump.
Without a decision, Special Counsel Smith is currently at a standstill. He cannot appeal to the 11th Circuit until Cannon makes a decision.
Aileen Cannon is engaging in manipulative behavior. Legal experts strongly believe that if she attempts to sway the jury with favorable instructions for Trump, not only would her decision be overturned on appeal but the Special Counsel would have grounds to have her removed from the case.
It is time for Judge Cannon to step down. She is aware of this, which is why she is refusing to issue a ruling that might lead to her removal from the case.