"Abuse of discretion" is a legal term, defined by the law.com legal dictionary as "a polite way of saying a trial judge has made such a bad mistake that a fair trial is impossible.
Former federal prosecutor Renato Mariotti frames the danger for Smith of not getting a decision on jury instructions from the judge before the trial begins.
This decision isn't something that takes Jack Smith's team by surprise, Coley assures, writing that even "if the Supreme Court waits until the last day of its term" a trial can still happen.