[jacknhoo]

“In short: this is a proposed order, so cannot be appealed. Now go back to sleep until GP rings the bell again.”

_________

You don’t know what you’re talking about. It can be appealed. GP is right and you’re wrong.

[Political Junkie Too]

The issue is that Cannon has NOT made the ruling yet. Smith can't appeal until she actually rules on the jury instructions. Until then, there is nothing procedurally to appeal.

All that's been done so far is that Cannon requested competing instructions from both sides and gave both sides "proposed" texts for possible inclusion in jury instructions, one text encapsulating Smith's allegations against President Trump, and the other text encapsulating President Trump's defense arguments.

Smith is annoyed that Cannon even contemplated that Trump's defense argument is feasible in her sample instruction (Smith called Trump's defense "fundamentally flawed"), and Smith is trying to use this to claim some kind of bias to have Cannon removed from the trial. But he has to wait for her to actually rule first.

See the actual NBC article that is linked within the GP article for details.

-PJ