Andy McCarthy on Prosecuting Antifa and the James Comey Indictment

Weaknesses in the James Comey Indictment

• 🎯 Andy McCarthy expresses concerns that the indictment against James Comey may not state an offense, despite Comey being charged with the same offenses (lying to investigators and obstruction of justice) for which Martha Stewart was convicted and served prison time.
• ⚠️ McCarthy highlights that professional prosecutors, including one appointed by President Trump, initially did not want to bring the case, suggesting it was politically motivated after the Attorney General was pressured.
• 🔍 The indictment's articulation is problematic, with the government reportedly not sharing key details like the identities of "person one" and "person three" with the defense.

Challenges in Strengthening the Case

• ⏳ The prosecution faces difficulties in strengthening the indictment because they waited until the statute of limitations was nearly expired, complicating any attempt to go back to the grand jury to fix defects.
• ⚖️ While a judge might allow the prosecution to cure defects through a bill of particulars or other discovery, McCarthy doubts they can articulate the lies clearly by January 5th, given their struggles over the past five years.

Prosecuting Antifa

• 🚨 McCarthy agrees with President Trump's desire to go after domestic terrorists but argues that designating Antifa as a domestic terrorist organization is unnecessary.
• 🚫 He believes designations are more suited for foreign terrorist organizations and that domestic groups can be prosecuted under existing laws without needing a formal designation.
• 💡 McCarthy's stance is to "just prosecute them" rather than focusing on designations, emphasizing that laws are already in place to address such activities.