Special counsel Jack Smith could move to start trying former President Donald Trump in the 2020 election case prior to election day regardless of the outcome of a key forthcoming decision from the Supreme Court, former Assistant U.S. Attorney Andy McCarthy said Saturday.
In the coming days, the Supreme Court is expected to clarify the extent of Trump’s immunity from prosecution for acts he committed in office, but his legal team has already conceded conduct that would not be covered by immunity claims either way, McCarthy explained during a Saturday appearance on Fox News’ “Cavuto Live.” Accordingly, Smith and his team could still push to start the 2020 election case to trial ahead of election day on the basis of those concessions, even if the Supreme Court interprets the extent of Trump’s presidential immunity to be robust and broad, McCarthy asserted.
“Andy, that’s…
