Jack Smith moves to head off Cannon's false jury instruction ploy

[Pluvious]

26. One observation from Ballon Juice...

On Preet Bharara’s Cafe Insider podcast, he and Joyce Vance were discussing how Cannon is taking this point, which should be decided by the judge before the trial because it is an issue of law and not an issue of fact, and trying to punt it to the jury phase. The were exploring the scenario that by waiting until then, Cannon could dismiss the case based on the ridiculous Presidential Records Act argument and it couldn’t be retried because of double jeopardy (because the trial would have already started.)

...

l don’t think Cannon is smart enough to come up with this ploy, but the Federalist Society operatives who are no doubt advising her certainly are.