MSNBC Legal Analyst Calls Trump Docs Case Being Dismissed ‘Blessing in Disguise’ for Jack Smith

MSNBC legal analyst Barbara McQuade ripped Judge Aileen Cannon dismissing Donald Trump’s classified documents case as a “terrible decision,” but also called it a “blessing in disguise” for Special Counsel Jack Smith .

In a 93-page ruling released Monday, Cannon granted Trump’s request to dismiss the case against him based on the appointment of Smith. Cannon ruled that Smith’s appointment violated the Constitution because he needed to be appointed by the president and approved in the Senate.

McQuade, a former U.S. attorney, joined MSNBC’s José Díaz-Balart and argued:

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. 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 and I think she is so clearly wrong on the law that the 11th Circuit will reverse.

McQuade predicted that even if Cannon’s decision were appealed, Trump would take the case to the Supreme Court. The legal maneuvering would mean no trial before the election.

McQuade also found a positive for the case in the scenario where the Supreme Court sided with Trump, arguing that the charges for mishandling classified documents could be refiled in the southern district of Florida by a different prosecutor.

They would need to represent the case to a grand jury and start over.

“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.

Watch above via MSNBC .