I admit that I didn't see this until I read J. Vance's comments.
Vance noted that if Cannon had ruled against the government on Thursday, Smith’s team could have appealed.
“But that’s not the case if, after today’s ruling in the government’s favor, she permits Trump to resurrect the motion at trial,” Vance explained. “She could grant the motion to dismiss the case then and at that point, with very rare exceptions (that the Judge would be in a position to prevent), the government can’t appeal. That’s because once a jury has been empaneled, double jeopardy ‘attaches’ and prevents the government from retrying the defendant on the same charges if he’s acquitted, which is what would happen if the Judge granted a motion to dismiss at that point and before a jury rendered a guilty verdict. That’s the nightmare scenario here.”