I think he’s saying that’s what the trial court should have done all along.
Maybe. Stein will appeal to the MI Supreme Court, and if losing there she will be back into Judge Goldsmith’s court where she will win again. This will go on another week or more, during which case the recount continues under Goldsmith’s original order. Goldsmith won’t change his original order on the recount, but will find another angle to continue it.