Fox’s Andy McCarthy Slams Entire New York Justice System As ‘Fraudulent’ Over AG’s Civil Fraud Case Against Trump

Fox News legal analyst Andrew McCarthy excoriated the New York justice system on Monday while attacking Attorney General Letitia James’s civil fraud case against former President Donald Trump.

Anchor Bill Hemmer began by noting that the country was seeing another first today, in that Trump would testify in his own defense. After playing a clip of Trump attacking James, Dana Perino played a clip of James’s comments about what she expected to hear from Trump.

“And the attorney general, Letitia James, she gave some comments as well. Do we want to play those again. We maybe we don’t need to. All right. Oh, here she is actually. Quickly,” Perino said, adding:

Before he takes the stand, I am certain that he will engage in name calling and taunts. And race baiting. And call this a witch hunt. But at the end of the day, the only thing that matters are the facts And the numbers and numbers my friends, don’t lie. Thank you.

McCarthy was then brought in to give his take on Trump’s attacks on the case. “Well, he’s got a real point, Dana, when he says that this is political lawfare. And I do think this case discredits some of the other cases against him, which are pretty colorable,” McCarthy began, adding:

This one, people should understand, is the case that the prosecutors, the federal prosecutors in Manhattan and then the district attorney’s office in Manhattan, which is hardly indicated that it wouldn’t take a weak case against Trump given what they have indicted. They looked at this and they decided not to charge it because there were no victims.

The allegation is that he inflated the value of his assets. But these are high-end transactions involving very sophisticated financial actors who do their own due diligence, Trump’s own financial statements, the statements of financial condition that are at the heart of this case have a disclaimer in them, basically admonishing the people on the other side to do their own due diligence and not put too much stock in his numbers.

And I think that’s why the prosecutors looked at this case and decided there was no criminal case. But Tish James, the AG, has this monstrous statute that allows her to bring a civil case, even if there are no damages and even if there’s no proof of intent to deceive, much less actual fraud. So this case is really very troubling.

“Andy, she is on camera repeatedly over a series of years, I would add, saying that she’s going to get Trump and many more things similar to that. There are those who believe this is ripe for appeal. Are you one of them?” Hemmer followed up.
“I am. I think, first of all, this whole New York justice system, Bill, is fraudulent in the sense that these are elected Democrats. She is an elected Democrat who, as you point out, campaigned for office on a vow that she would use the power of the state to get him, which is a kind of a Soviet way of going about your business,” McCarthy replied, adding:

The judge is an elected Democrat, so the whole system is not like what we have in the federal system, where you have appointed prosecutors and appointed judges who are vetted by the Senate, at least in the hope that it will ensure that they won’t use their power in an abusive way. In this system, they’re actually electing people on a promise of going after individuals, individuals who happen to be their political enemies.

So that should be troubling enough. But the other thing is just in terms of like a sort of Eighth Amendment punishment principle, where you have in this case, a situation where the penalty they are talking about is so out of whack with the infraction that it ought to back everybody up. I mean, if you want to tell me that, maybe they should fine Trump $1,000,000 because he inflated his assets. You know, it wouldn’t be my way of doing a system, but fine.

That’s not what they’re talking about here. They’re talking about in a case where you have no victims of fraud disgorging him of a quarter of a billion or more of profits and putting him out of business under circumstances where there’s not a single person or a single entity that actually got defrauded here.

Trump and his adult sons were found liable in a summary judgment for the fraud committed by their company in late September and the current trial is to determine the penalty.

Watch the full clip above via Fox News.