MSNBC legal analyst and former Obama federal prosecutor Barbara McQuaid said Monday on MSNBC’s “Ana Cabrera Report” that Judge Eileen Cannon’s dismissal of former President Donald Trump’s classified documents lawsuit in Florida is a “blessing in the balance” because the case is “immediately appealable.”
“This is a terrible decision and I think she is wrong in its essence,” McQuaid said. “Going forward, this may actually be a blessing in disguise. It gives Jack Smith the opportunity to appeal this case immediately. Many other decisions were within the judge’s discretion because she moved the case slowly. This one can be appealed immediately. The 11th Circuit will overturn the decision because she is clearly wrong on the law. Donald Trump will probably appeal to the Supreme Court and we’ll have to wait for the decision there.”
She added: “Even if the Supreme Court ultimately rules in Donald Trump’s favor, this case is not over. It only means that a special counsel cannot bring this case. If that happens, there is nothing to stop the U.S. Attorney for the Southern District of Florida from bringing this case, which would certainly mean a long delay. No trial before the election. I think we were heading in that direction anyway. With this decision made, Jack Smith now knows the legal situation and can act strategically as he wishes. The Department of Justice could also decide to take the special counsel out of the way and go directly to the Southern District of Florida, immediately refile the case, and get back on track under a different judge.”
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