As reported by the Daily Caller, Jack Smith, the special counsel, could potentially initiate the trial of former President Donald Trump in relation to the 2020 election case, irrespective of the Supreme Court's impending decision.
This insight was shared by former Assistant U.S. Attorney Andy McCarthy on Fox News' "Cavuto Live" on Saturday.
The Supreme Court is anticipated to elucidate the scope of Trump's immunity from prosecution for actions undertaken during his tenure. However, Trump's legal team has already acknowledged actions that would not fall under the immunity claim, according to McCarthy. Consequently, Smith and his team could still advocate for the commencement of the 2020 election case trial before election day, based on these admissions, even if the Supreme Court interprets Trump's presidential immunity as extensive and comprehensive.
Guest host Jackie DeAngelis highlighted the significance of this distinction in her conversation with McCarthy. She noted the varying opinions on Trump's Supreme Court case, with some considering it a long shot and others suggesting that even a win could be a loss due to the likely conditions attached.
McCarthy responded by acknowledging Trump's efforts to delay the case. He said, "His goal, of course, is to try to get the case, the prosecution against him in Washington, pushed off beyond Election Day because if he wins the election and runs the Justice Department, he can basically get rid of the case."
McCarthy further speculated that Smith might still have a case after the Supreme Court's ruling, regardless of whether the immunity is broad or narrow. He said, "Trumps lawyers did make concessions in the oral argument that a lot of the conduct in the indictment is not susceptible of an immunity claim." He suggested that Smith could proceed with the trial based on these concessions, potentially pushing the case to trial before Election Day.
The Supreme Court's decision on whether Trump is immune from prosecution for official acts during his presidency is eagerly awaited. The justices have hinted at a possible partial victory for Trump. McCarthy expanded on his views in a Wednesday opinion piece for National Review, suggesting that the Trump trials may not be over before Election Day.
The trial concerning Trump's alleged attempts to overturn the 2020 presidential election has been postponed due to scheduling issues and the pending Supreme Court decision. Trump's lawyers have claimed that Smith and his team have tried to expedite the case's timeline to put Trump on trial before the upcoming presidential election. This development underscores the complex legal landscape surrounding the former president and the potential implications for the upcoming election.
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