Will SCOTUS Bail Out Navarro?Posted By James Brown |
Here is the actual order, it is short: https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.407.0.pdfOriginally Posted by James Brown
I'm unfamiliar with this one. I'll do some reading and get back, but it might be tomorrow. I think the prosecution and defense always submit proposed jury instructions before a trial, so based on the headlines alone, I don't know what the issue is.
I can sorta see why the Anti-Trump journalists are apoplectic. The hypotheticals are very pro-Trump. The apoplectic sort might be freaking out a bit prematurely though. As best I can tell, Cannon is not saying that these will be jury instructions, she seems to be asking Smith and Trump's lawyers to argue for or against the use of the obviously pro-Trump hypotheticals.
My first impression is that these are the issues she should resolve by granting or denying Trump's pending motions to dismiss. According to the Washington Post she is hostile to Trump's arguments: https://www.washingtonpost.com/national-security/2024/03/18/trump-judge-cannon-jury-instructions-pra/ (I recommend this article, it seems analytical and free from hysteria).
I can not figure out why she wants more arguments on these issues in the jury instruction context. Maybe she is just being cautious. Maybe she is totally incompetent. Either way this is not the end of the world order that MSNBC paints it as. She hasn't actually made any order on the instructions to be presented to a jury yet. (Also, if she dismisses the case there will be no jury instructions, so this is sorta a signal that she is not going to dismiss) What matters a lot is what she orders on instructions after the lawyers weigh in and when she ultimately does decide Trump's motions to dismiss.