McQuade: Judge Cannon’s Dismissal ‘Blessing in Disguise,’ Case Can Be Appealed Immediately

MSNBC legal analyst and former Obama U.S. Attorney Barbara McQuade said Monday on MSNBC’s “Ana Cabrera Reports” that Judge Aileen Cannon’s dismissal of former President Donald Trump’s classified documents case in Florida is a “blessing in disguise” because it makes the case “immediately appealable.”

McQuade said, “I think it’s a terrible decision and she is wrong on its merits. Going forward, I think this could actually be a blessing in disguise. It gives Jack Smith an opportunity to appeal the case immediately. So many of these other decisions were within the judge’s discretion as she was slow walking the case. This is one immediately appealable. I think she’s so clearly wrong on the law, that the 11th Circuit will reverse. Donald Trump probably goes to the Supreme Court and we have to wait for a decision there.”

She added, “Even if ultimately the Supreme Court rules in favor of Donald Trump, the case is not over. All that means is a special counsel can’t bring this case. There is nothing then to stop the U.S. attorney in the Southern District of Florida from bringing this case certainly it means lengthy delay. There will be no trial before the election. I think we were headed in that direction anyway. By making this decision, now Jack Smith sees the legal landscape and can act strategically the way he wants to. He could even decide, the Justice Department, to take this out of the special counsel’s hands and go directly to the Southern District of Florida, refile the case immediately and get back on track, perhaps with a different judge.”

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