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.”
Even if all true the PRA question can still be addressed. It’s a legal question. Does the President get to decide or does he not as President wield the executive power. It’s a straightforward question and she could take it on now. IThat is a clear question of law. It’s going to the SC in any case. She might as well start her legal research and write a decision or allow the parties to submit the question for appeal now if she is not up to it.