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.

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