Mueller, She Wrote
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8 minutes ago
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A Sigh of Relief Regarding Judge Cannon
Joyce Vance just gave us all a reason to breathe a HUGE sigh of relief. Last week, when we learned the trump case had been assigned to Judge Aileen Cannon, I argued that Jack Smith had considered all the possible outcomes, including having Cannon preside over the prosecution.
Today, we found out WHY Jack Smith seems unworried. Because this case includes national defense information as defined by the Espionage Act, it will be governed by the rules of the Confidential Information Production Act, or CIPA.
Joyce just told god and everybody that there's a provision in CIPA that allows for an IMMEDIATE right of EXPEDITED APPEAL. So what does that mean?
It means that if Judge Cannon makes a ridiculous ruling that DoJ wants to appeal, SHE does NOT get to set the briefing schedule. The DoJ can appeal IMMEDIATELY to the 11th circuit - the same circuit that vacated TWO of Cannon's rulings in the Special Master case.
Further, DoJ can utilize that trigger to IMMEDIATELY ask the 11th circuit to reassign the case to a different judge. No delay allowed under CIPA - at least not a substantial one. This will prevent Cannon from delaying unnecessarily, and hopefully make her think twice about issuing ridiculous rulings lest she be thrown off the case in short order.
Jack Smith knew about this remedy going in, and he said in his press conference that he's going to move for a speedy trial.
This weekend, Andy McCabe and I will discuss this and other CIPA provisions with the former general counsel of the CIA - a CIPA expert - on the JACK podcast. So download and listen for free, and please follow me and leave a tip if you so desire because my content here will always be free. This kind of information is too important to put behind a paywall.
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