The special counsel suggested he could seek the 11th Circuit's intervention if the judge continues to prevent the trial from taking place before the election.
The Smith team then made its most important and aggressive move by noting that when judges have issued clearly erroneous jury instructions that doom prosecutions, “courts have permitted the government to obtain writs of mandamus.”
Even buried in a parenthetical as it is, the word “mandamus” jumps off the page as a threat to seek an extraordinary intervention by the appellate court. Smith has laid down the gauntlet, telling Cannon in no uncertain terms that if she doesn’t move to resolve Trump’s frivolous arguments well ahead of trial, he will bring a writ of mandamus to the 11th Circuit along with a motion to recuse her from the case. Providing this road map of his intentions puts Smith on firm footing to challenge the judge if she continues to dither.
A writ of mandamus (/mænˈdeɪməs/; lit. ''we command'') is a judicial remedy in the English and American common law system consisting of a court order that commands a government official or entity to perform an act it is legally required to perform as part of its official duties, or to refrain from performing an act the law forbids it from doing. Writs of mandamus are usually used in situations where a government official has failed to act as legally required or has taken a legally prohibited action.[1] They cannot be issued to compel an authority to do something against the law. For example, it cannot be used to force a lower court to take a specific action on applications that have been made, but if the court refuses to rule one way or the other then a mandamus can be used to order the court to rule on the applications.
Until AI is smart enough to preside over our courtrooms in a purely unbiased fashion (ha!), we’ll be stuck with shitty humans running our shitty legal systems.
See now this is a good article about these legal proceedings. It actually explains the detail that isn't apparent to non-lawyers and gives an overview of the potential outcomes, rather than a retired lawyer just speculating and jerking themselves off over what might happen.
Mandamus: A writ issued by a superior court and directed to some inferior tribunal, or to some corporation or person exercising authority, commanding the performance of some specified duty.