 appealed and so if it's appealed there's just bottom line here there's no way that there is going to be any kind of a decision before the election in early november here's more from jonathan turley here the court is is imposing a very significant burden on jack smith when this goes back to the judge we talked about how this distraught judge has proven to be very favorable towards jack smith uh... she certainly been motivated to try to get an election b uh... and a trial before the election