No. of Recommendations: 1
An experienced and confident judge would just have the government brief that issue. Schedule a hearing, tell them that you're concerned about how a criminal court can review a PRA choice if it's a jury question and the documents are classified, and have them respond. Cannon doesn't seem to be experienced or confident, so she's issued this weird order to try to smoke out the government's stance on this by having them write a jury instruction. Rather than a brief.
Yes, I'd rather read a brief from both sides any day than jury instructions. I'm still wondering what she is up to. It would be easy for me to rule though, the decisions are reviewable. In fact whether there was a decision made at all is reviewable. As for whether the jury can review the documents good question, maybe they can have someone review the documents and... I'm to groggy to think or write this... sorry. :)
I am getting better at one handed typing though. Thanks for the great answer
