Former federal prosecutor Andrew McCarthy ripped on Thursday the RICO case Fulton County District Attorney Fani Willis brought against former President Donald Trump.
Fulton County Judge Scott McAfee will hear two motions Thursday seeking to have the case thrown out, defense attorney Ashleigh Merchant said during a morning Fox News appearance. Willis was targeting “First Amendment protected activity” through the indictment she secured against Trump and other defendants, McCarthy said. (RELATED: ‘She Just Lied To The World’: Former Trump Admin Official Blasts Georgia DA Fani Willis Over Trump Indictment)
“I’m in a different place, Lawence, because I’m an analyst so I’m just trying to decide what the best thing to happen is, whereas if I were a defense lawyer in this case, I think it’s your duty to bring the motion and follow it through all the way and if she’s right and they get a neutral, fair prosecutor, there is so much wrong with this case, you know” McCarthy told “Fox and Friends” co-host Lawence Jones about the effort to disqualify Willis from the trial. “We’ve spent the last couple of months on the salacious stuff, because of the relationship between Willis and Wade. This case stinks as a case, and it has from the beginning and you got 19 people who she’s trying to indict in a big conspiracy.”
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“The only thing they have ever done together is get indicted, and the idea they’re a RICO organization like the Gambino family is one of the more preposterous things that I’ve seen following the criminal law load these many decades,” McCarthy continued.
Harvard University law professor Alan Dershowitz said during an Aug. 2 appearance on Fox Business Network that a similar indictment of Trump on federal charges secured by special counsel Jack Smith not only attacked the First Amendment, but also Trump’s Sixth Amendment right to counsel.
“She’s criminalizing not only First Amendment protected activity, but First Amendment activity without which government doesn’t work,” McCarthy said. “And there are circumstances in the law where you are allowed to criminalize, you know, speech and association. For example, if you incite, that’s a crime, so your words can be criminalized. If you combine with other people in order to commit a crime, we get together and plan to rob a bank, yes, you can pierce association. But in this case, what they are talking about speech and association for political governance purposes, and you can’t criminalize that just because you have policy disagreements.”
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