Where does the Trump classified documents case stand after the start of the trial postponed indefinitely?

Marie McCord:

So, I think it’s been… there hasn’t been the kind of decision that I would say with certainty that Jack Smith could entertain a motion for recusal, and that, if she were to deny that, he could take it with success. On appeal.

And that’s because, in many ways, she hasn’t made a final decision on things. In fact, by denying Mr. Trump’s motions to dismiss the case on such grounds as the Presidential Records Act and other grounds, she often leaves the door open for further reconsideration of these issues. So she refused them without prejudice, that is to say for the moment, but I will come back to that later.

So these are not sort of decisions that he could easily take back and say that she committed such a clear violation of the law here, that what she did was unquestionably wrong, that – and that shows a bias, and it should be challenged.

I think he’s waiting, frankly. I mean, it’s an extraordinary gesture, and if you do it, you don’t want to lose it, do you, and end up in front of this judge. So I don’t think the time is right for that yet. And if there is a decision, particularly in these CIPA hearings, an unfavorable decision, the government can appeal it under CIPA procedures.

And depending on the scope of this decision, this could also be accompanied by a motion for recusal.