If a judge acquits the defendant during a trial before a jury has rendered a verdict, yeah they kind of can de facto wave crimes away if they really want to. Trial judges are important too, not just appeals judges. Another reason why republicans pushing through all of these unqualified judges is so devastating.
She’s hinting that she’s going to make up some totally incorrect interpretation of the presidential records act (made to prevent presidents from taking materials that belong to the government, not shield them from stealing classified records), say under my interpretation no reasonable jury could convict him based on the evidence, and then acquit him before a jury renders any verdict, essentially not appealable to the best of my knowledge as long as it’s done before a verdict, but correct me if I’m wrong. If she dismissed on this basis before the trial it would be appealable, or if she overturned a jury guilty verdict that would be appealable. This ruling she issued just said she would not dismiss the charges on this basis before the trial, but she’s not ruling out going with that interpretation anyway during the actual trial, and her bizarre hypothetical jury instructions order telegraphs this is her intent.