Former U.S. Attorney Barbara McQuade said Monday that the dismissal of former President Donald Trump's classified documents case is a "blessing in disguise" because it makes the case "immediately appealable."
"I think it's a terrible decision and she is wrong on its merits," said McQuade, an MSNBC legal analyst, Breitbart reported.
A federal judge in Florida on Monday dismissed the criminal case accusing Trump of illegally keeping classified documents after leaving office, handing the Republican former president another major legal victory as he seeks a return to the White House.
U.S. District Judge Aileen Cannon, who was appointed to the bench by Trump, ruled that special counsel Jack Smith, who is leading the prosecution, was unlawfully appointed to his role and did not have the authority to bring the case.
"Going forward, I think this could actually be a blessing in disguise," McQuade said. "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 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."
McQuade acknowledged that this means "lengthy delays and no trial before the election," but said, "I think we were headed in that direction anyway.
"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," she said.
Brian Freeman ✉
Brian Freeman, a Newsmax writer based in Israel, has more than three decades writing and editing about culture and politics for newspapers, online and television.
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