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and here's the reality, by the way. if she dismisses the case on this basis, jack smith will go straight to the 1 # 1th circuit. i bet he already has the notice of appeals sitting on his desk just in case she rules that way, so she can jump onto it. i don't think it will take the court of appeals in atlanta very long to reverse her if she rules that way. >> i would assume she's prepared given her track record thus far. speaking of court of appeals, i've got to ask your opinion what's happening down in georgia. to some degree it's not surprising the court of appeals would say let's work out this other issue and put the rest of the case on hold, but i do wonder, you know, your assessment about how imperilled fani willis is in terms of prosecuting this case and taking it to trial. >> you know, i think it's hard to say judge mcafee wrote a detailed and serious opinion based on a day's worth of taking evidence. he may well be affirmed ultimately by the courts of appeals in georgia, and of course again the issue as it is