Former U.S. attorney Barbara McQuade said on Monday she thinks Judge Aileen Cannon’s dismissal of former President Trump’s classified documents case could be a “blessing in disguise” for special counsel Jack Smith.
“Look, I think it’s a terrible decision. I think it’s absolutely wrong on the merits, but going forward I think this could actually be a blessing in disguise because it gives Jack Smith an opportunity to appeal the case immediately,” McQuade, an MSNBC legal analyst, said on the channel Monday morning, in an interview highlighted by Mediaite.
“So many of these other decisions were within the judge’s discretion as she was slow-walking the case, but this is one where it’s immediately appealable,” McQuade continued. “And I think she is so clearly wrong on the law that the 11th Circuit will reverse.”
McQuade predicted Trump would likely then appeal the case to the Supreme Court, which ultimately might rule in Trump’s favor. Even if that happens, she said, “The case is not over.”
“All that means is a special counsel can’t bring this case,” McQuade continued. “There is nothing then to stop the U.S. Attorney in the southern district of Florida from bringing this case.”
But Cannon's decision effectively rules out any chance for a trial before the November election.
“But I think we were headed in that direction anyway,” McQuade added. “By making this decision now, Jack Smith sees the legal landscape and can act strategically the way he wants to.”
Cannon on Monday tossed the criminal charges accusing the former president of mishandling classified information and obstructing the government’s effort to retrieve those records after he left the White House.
Cannon ruled Smith was not lawfully appointed, saying no federal law authorized his appointment. The move marked a major victory for Trump, the first time one of his four criminal cases has been dismissed entirely.
“The bottom line is this,” Cannon wrote in a 93-page ruling. “The Appointments Clause is a critical constitutional restriction stemming from the separation of powers, and it gives to Congress a considered role in determining the propriety of vesting appointment power for inferior officers.”
“The Special Counsel’s position effectively usurps that important legislative authority, transferring it to a Head of Department, and in the process threatening the structural liberty inherent in the separation of powers.”
Cannon said that, after “careful study,” she determined that no legal statute grants an attorney general authority to appoint a federal officer with the “kind of prosecutorial power wielded by Special Counsel Smith.”
