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judge cannon who is in a different circuit two has not decided that issue, to make her own independent decision. that doesn't require a couple of days of hearings that include this sort of unusual amicus proceeding to get there and here is the reality. if she dismisses the case on this basis, jack smith will go straight to the 11th circuit. i bet he already has the notice of appeal on his desk in case she rules that way, so he can jump on it. i don't think it will take the court of appeals where he longed to reverse her if she rules that way. >> i would assume he is prepared given her track record. speaking of the court of appeals, i have to ask your opinion of what is happening in georgia. to some degree it is not surprising that the court of appeals would say let's work up this issue and put the case on hold, but i wonder your assessment about how imperiled fani willis is in terms of prosecuting this case and taking it to trial.