Former Assistant U.S. Attorney Andy McCarthy criticized special counsel Jack Smith’s latest superseding indictment of former President Donald Trump, saying it will not have any impact on the election and will most likely be delayed until there is a new president in office.
McCarthy, appearing on “Cavuto: Coast to Coast,” pointed out that regardless of the ruling made by Judge Tanya Chutkan on the new indictment, Trump has the right to appeal it, ultimately prolonging the case well beyond the election.
McCarthy stated, “I think to the extent it was a factor in the election, that’s kind of run its course.” He also added, “This case is going nowhere before the election and I don’t think it’s going anywhere before we have a new president.”
The new indictment, filed on Tuesday, includes the same four charges of conspiracy and obstruction as the original indictment, but was filed in response to the Supreme Court’s July ruling that presidents are immune from prosecution for official acts performed during their presidency.
Former Chief of the Justice Department’s Organized Crime and Gang Section Jim Trusty, also appearing on the show, noted that Smith is attempting to avoid breaching the presidential immunity ruling with the new indictment. He also mentioned the potential risk of including immunized information in pursuing an indictment, stating, “If you include that information in pursuing an indictment, that’s a huge land mine.”
Trusty further elaborated, “It’s really interesting because the opinion says, not just that immunized information is not properly before the court at trial, but that it contaminates the grand jury process.”
McCarthy and Trusty’s remarks suggest that Smith may have misjudged what actions Judge Chutkan will deem protected by presidential immunity, which could lead to another round of indictment proceedings.
'This Case Is Going Nowhere': Andy McCarthy Says 'Nothing's Gonna Happen' With Jack Smith's New Trump Indictment pic.twitter.com/nObHKoLlnq
— Daily Caller (@DailyCaller) August 28, 2024
Overall, McCarthy and Trusty’s assessments of the new indictment suggest that it is unlikely to have a significant impact on the election. The fact that it was condensed from 45 pages to 36, and that it removes certain allegations against Trump, indicates that Smith may be struggling to find solid grounds for the charges.
Moreover, with the ongoing debates surrounding the legality and fairness of the impeachment process, it is becoming increasingly clear that the Democrats are using every means possible to discredit and attack Trump.
The latest indictment is simply another attempt by the Democrats to undermine Trump’s presidency and sway the election in their favor. However, as McCarthy and Trusty have pointed out, it is unlikely to have any meaningful effect and is ultimately just another component of the Democrats’ ongoing lawfare against Trump.