‘This Case Is Going Nowhere’: Andy McCarthy Says ‘Nothing’s Gonna Happen’ With Jack Smith’s New Trump Indictment

Former Assistant U.S. Attorney Andy McCarthy said Wednesday that special counsel Jack Smith’s superseding indictment of former President Donald Trump will do little to accelerate his election interference case.

The Tuesday indictment includes the same four conspiracy and obstruction charges as the original, and it was submitted in response to Supreme Court’s July ruling finding presidents are immune from prosecution for official acts they take during their presidency. McCarthy, on “Cavuto: Coast to Coast,” said regardless of how Judge Tanya Chutkan rules on the superseding indictment, Trump has the right to appeal it, which will delay the case well past the election.

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“I think that lawfare, whatever you think of it, has run its course as a determinant in the election. Nothing’s gonna happen here, Neil, because remember, no matter what Judge Chutkan ultimately rules about this new indictment, it’s still going to be a live immunity issue, which means Trump will be able to appeal to the D.C. circuit and the Supreme Court,” McCarthy told host Neil Cavuto. “This case is going nowhere before the election and I don’t think it’s going anywhere before we have a new president. So, I think to the extent it was a factor in the election, that’s kind of run its course.”

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