Former Assistant U.S. Attorney Andy McCarthy said Saturday that special counsel Jack Smith could begin trying former President Donald Trump's election lawsuits before Election Day of the 2020 presidential election, regardless of the outcome of a major upcoming Supreme Court ruling.

While the Supreme Court is expected to clarify in the coming days the scope of President Trump's immunity from prosecution for acts committed while in office, his legal team has already conceded conduct that wouldn't be covered by his immunity claim anyway, McCarthy explained during an appearance on Fox News' “Cavuto Live” on Saturday. So even if the Supreme Court interprets the scope of President Trump's presidential immunity as strong and broad, McCarthy argued that Smith and his legal team could still rely on those concessions to lobby for the 2020 election lawsuits to go to trial before Election Day.

“Andy, that's the difference that's really important here,” guest host Jackie DeAngelis told McCarthy. “Some people say that a Supreme Court case is unwinnable for Trump, that he can't win. And some people say that even if he won, he would lose in some sense because of the conditions that would come with it.” (Related: Andy McCarthy says it's 'suspicious' if Trump jurors 'couldn't agree' on underlying crimes)

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“Jackie has put this off for so long,” McCarthy said of Trump. “Obviously, his goal is to put off any prosecution of him in Washington until after Election Day, because if he wins the election and runs the Department of Justice, he can basically close this.”

“I think what's going to happen here is that once the Supreme Court has ruled on whether to grant full immunity or more limited immunity, Jack Smith will sue, because Trump's defense team conceded at oral argument that a lot of the conduct in the indictment doesn't fall under the immunity claims,” ​​McCarthy continued. “So if Smith is willing to stand trial only on things that the Trump campaign acknowledges are not covered by immunity, I think there's a chance he could try to go to trial before Election Day.”

The Supreme Court is expected to decide soon on whether Trump should be immune from prosecution for official acts committed while in office, with the justices indicating they are willing to hand him at least a partial victory in their ruling. McCarthy more broadly laid out his position ahead of Election Day on Wednesday that this may not be the last time the US sees a trial against Trump. Opinion articles From National Review.

The trial over Trump's alleged attempts to overturn the 2020 presidential election has been delayed due to scheduling issues and a looming Supreme Court decision. Trump's lawyers have argued that Smith and his team tried to speed up the trial timeline in order to put Trump on trial before the November presidential election.

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