MEDIA
Andy McCarthy Says Jack Smith Wanted Trump ‘Convicted Before Election Day’
Screenshot/Rumble/Fox Business
DAILY CALLER NEWS FOUNDATION
Harold Hutchison
Reporter
December 14, 2023 8:07 PM ET
Former federal prosecutor Andy McCarthy said Special Counsel Jack Smith wanted former President Donald Trump “convicted” of Jan. 6-related charges before the 2024 election.
The Supreme Court agreed to consider Smith’s request to provide expedited review of an appeal of a district court ruling by judge Tanya Chutkan that rejected a motion by Trump’s attorneys to dismiss the charges. The high court is also reviewing a challenge to a statue the Justice Department used against many Jan. 6 defendants that Trump was also charged with violating. (RELATED: ‘The Constitutional Implications Are Massive’: CNN Analyst Claims Trump ‘Delaying Justice’ With Immunity Case)
“The default position of federal law, Larry, is that you try the whole case including all the litigation in the trial court first and then after it’s all over, if there is a conviction, jury verdict and sentence then the whole kit and caboodle go up to the court of appeals,” McCarthy told Fox Business host Larry Kudlow. “There are a handful of issues you get pretrial appeals, one of which is immunity.”
“The other important doctrine of law here, is that in federal law, once there’s an appeal, even if it is an appeal pretrial, the district court, the trial court, Judge Chutkan, you just referred to, loses jurisdiction over the case because the whole case goes up to the court of appeal,” McCarthy added.
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READ MORE: https://dailycaller.com/2023/12/14/andy-mccarthy-jack-smith-trump-election-day/
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