‘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

“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.”

The charges Trump faces are one count of conspiracy to defraud the U.S., one count of conspiracy to obstruct an official proceeding, one count of obstruction of and attempt to obstruct an official proceeding, along with one count of conspiracy against rights. Trump was initially indicted on the same four counts in August 2023.

The new indictment was condensed from 45 pages to 36, and it removes allegations related to Trump’s “attempt to leverage the Justice Department” and adjusts language in certain sections to underscore the former president was acting outside his official capacity.

Former Chief of the Justice Department’s Organized Crime and Gang Section Jim Trusty said Wednesday that Smith is attempting to avoid breaching the presidential immunity ruling with the fresh indictment. However, he noted Smith could misjudge which acts Chutkan will deem protected, potentially leading to another indictment process.

“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. If you include that information in pursuing an indictment, that’s a huge land mine,” Trusty said.