Judge in Trump Documents Case Has Scant Criminal Trial Experience

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36. Mueller She Wrote reads more into Vance's discussion of CIPA than it merits

Vance is right that there is right of interlocutory appeal under CIPA. But Mueller She Wrote overstates the significance in that right. As Vance acknowledges, CIPA allows an interlocutory appeal with respect to a narrow category of rulings relating to whether the government has to provide the defense with unredacted copies of confidential, classified documents. Such disputes don't always arise and, keep in mind, the government didn't raise a CIPA-related objection to Trump's attorneys getting access to the classified documents seized from Mar-a-Lago in the search warrant/Special Master related case. It's far from clear at this point whether there will be a CIPA-related dispute between Trump's attorneys and the DOJ that would require Cannon to make a ruling.

Most importantly, CIPA would not come into play, and would not create a right of an immediate appeal, with respect to any other actions taken by Cannon before or after the trial, such as scheduling orders and orders on the admissibility of evidence, such as Corcoran's statements.

So any suggestion that CIPA means there's nothing to worry about is wildly misplaced.