‘Whataboutism Is What the Law Is’: Fox News Legal Analyst Defends Invoking Hunter Biden After Trump Arraignment

Fox News legal analyst Andy McCarthy said shortly after Donald Trump’s arraignment that it is perfectly valid to invoke the un-indicted Hunter Biden to argue federal law is being unequally applied.

Trump was arraigned in federal court in Miami on Tuesday. The Department of Justice alleges the former president illegally retained classified documents and obstructed the government’s attempts to retrieve them. The complaint says the material “included information regarding defense and weapons capabilities of both the United States and foreign counties; United States nuclear programs; potential vulnerabilities of the United States and its allies to military attack; and plans for possible retaliation in response to foreign attack.”

Appearing on The Story after the arraignment, McCarthy was prompted by host Martha MacCallum to offer his view on potential legal double standards at play. Republicans claim that the DOJ is selectively targeting Trump while Hillary Clinton was not prosecuted over her private server with government material on them. They also say the president’s son should be prosecuted for alleged illegal activity captured on his laptop and lying on a government gun application.

In response, Democrats have pointed to Trump’s indictment, which claims he willfully took classified documents upon leaving office and repeatedly obstructed efforts to retrieve them until the FBI executed a search warrant at his Mar-a-Lago residence in August. They accuse Republicans of engaging in “whataboutism.”

“In pointing out these other cases, you’re not suggesting in our conversation, we’re not suggesting that what’s in this indictment isn’t a serious potential offense,” MacCallum said. “But… these things need to be treated equally. I mean, it feels like the American public just really need to have people in charge who they can look to and see examples of their fairness, of the way that tray treat both sides in order to restore some sort of confidence in the system, Andy.”

McCarthy responded by addressing the charges of “whataboutism”:

When I hear this, “What about, What about, What about,” Martha – you know, in the law, that’s what the law is. Whataboutism is what law is.

We decide things based on precedent. We make laws, we make statutory laws based on our experience. We gauge whether people are being treated fairly in a due process sense by comparing people how they’ve been treated by comparing how they’ve been treated to how other people who’ve done analogous things have been treated. That’s not whataboutism like it’s a political hit point. That’s what we do in the law. That’s what it’s about.

And you know, listening to your conversation about the Hunter Biden situation, one thing occurred to me. Everybody should have in mind October of 2023. Hunter Biden made a false statement in a federal gun form in October of 2018. You want to talk about like all of these other cases? It would take a competent prosecutor and agent about five days, not five years, five days to put that case together. They have had it for five years. The statute of limitations runs [out] in October. That’s what’s going on here.

Watch above via Fox News.