She is ducking her duty as a judge. Whether or not the PRA preempts Jack Smith’s claims is an issue of law. He claims Trump improperly retained records. Trump claims he can retain what he determines to be personal records when he leaves office under the PRA. There is no issue of fact in contest. It’s an issue of law. Period.
she’s still doing OK IMO ... she’s bound by law in considering a motion to dismiss by defense that requires a presumption that everything in Jack’s indictment is true and it’s limited to that, she noted she was constrained within the bounds of the indictment. Jack thought he was being cute by omitting PRA and telling her this case has nothing to do with PRA though that’s what they first claimed when opening grand jury in DC. She can’t consider it yet because it’s not even on the table what docs are in question. Jack has to present the docs, then they can be looked at and stated, “hey that’s one of the docs I put in a box to take home with me as personal records, in fact it’s one of those #RussiaGate incriminating things that I declassified too even before PRA.”
This is good. Were Canon to dismiss the case now, it would take the case out of her hands and place it with the appellate court. I think it is better that she retains control.