It may not be the end of the criminal trials of former President Donald Trump before he takes on President Joe Biden.

Former federal prosecutor Andrew McCarthy believes that Special Prosecutor Jack Smith will have his case started before Election Day.

He appeared on the Fox News show “Cavuto Live” where he said that, even if the Supreme Court decides that the president has broad immunity Smith could prosecute him based on the concessions the former president’s attorneys have made.

“Andy, that’s the distinction that’s really important here,” Jackie DeAngelis, who was guest hosting, said. “Some say the Supreme Court case for Trump is a long shot, that it’s just not possible for him to win. Others say even if he does win, in some ways he’ll lose because of the parameters that will probably come with it.”

“Jackie, to the extent that he’s been able to push this off as far as he has,” the former prosecutor said. “His goal, of course, is to try to get the case, the prosecution against him in Washington, pushed off beyond Election Day because if he wins the election and runs the Justice Department, he can basically get rid of the case.”

“I don’t – what I think is going to happen here is that – is that Jack Smith is going to have a case when the Supreme Court rules, whether it’s a robust or a more narrow immunity that they find, because he did, Trump’s lawyers did make concessions in the oral argument that a lot of the conduct in the indictment is not susceptible of an immunity claim,” he said. “So if Smith is willing to go on trial with just that stuff, just the stuff that the Trump people even admit is not covered by immunity, I think he could try to push the case to trial prior to Election Day.”