The New York Times accurately characterizes this response as "Frustrated". The image that came to my mind was of a muscular workman with a large hammer repetitively pounding with all of his might a nail into a thick plank of Oak. Smith obeys Loose Cannon's Order and submits jury instructions premised on the Order's illegal premises along with one of his own, based on correct law and merely asks that however the impervious Oak plank rules that it rule immediately so that they can get a clearly erroneous ruling reversed on appeal.