Fox’s Andy McCarthy Declares Comey and James ‘Have a Good Argument’ to Disqualify Handpicked Trump Prosecutor

Fox News’ Andy McCarthy declared that James Comey and Letitia James “have a good argument” for disqualifying interim  U.S. Attorney for the Eastern District of Virginia Lindsey Halligan on Thursday.

Host Brian Kilmeade quizzed McCarthy about the case on Fox & Friends:

KILMEADE: Well, in just over an hour, FBI Director James Comey’s case is back in court as he fights charges of obstruction of justice and lying to Congress. Also in the courtroom, New York State Attorney General Letitia James’s attorneys, after she was charged separately with mortgage fraud. They’re both arguing that interim U.S. Attorney Lindsey Halligan, who brought the charges, is serving in her post illegally because she served longer than 120 days, must be confirmed by the Senate. Here to discuss this is Fox News contributor Andy McCarthy. Andy, do the plaintiffs have a point?

McCARTHY: Well, they do, Brian, and this really isn’t any fault of Lindsey Halligan’s. The statute that she was appointed as interim U.S. Attorney under allows the president, or through the attorney general, to appoint an interim U S attorney for 120 days. And by the time Halligan got the job, her predecessor, Erik Siebert, had already served the 120 days, so they have a good argument that she’s probably not qualified under that statute.

KILMEADE: So what’s the pushback, then? Take her side.

McCARTHY: Well, I think the pushback is-, what the attorney general and the Justice Department want to argue is that authority to prosecute in the United States comes not from the district U.S. Attorney, but from the Justice Department and the attorney general. So in order to try to firm this up, what Attorney General Bondi did was appoint Halligan as a special attorney, and say that that was effective as of three days before Comey was indicted. The problem is she didn’t do it till October 31, and she’s trying to backdate it, and I don’t know if that’s going to work with the court.

KILMEADE:  All right so what would be-, the move would be: “Okay, we’ll get some-, another attorney.” Is that correct?

McCARTHY: Yeah, I think what could happen, this could be much ado about nothing because they could disqualify her, but there’s another statute that says the government would have then six months to bring a new indictment.

Watch above via Fox News.