Former federal prosecutor Andrew McCarthy delivered a strong critique of the RICO case brought against Donald Trump by the Fulton County DA, saying the prosecution was targeting constitutionally protected free speech and questioning the merits of the case.
McCarthy argued that if he were defending Trump, he would pursue having a neutral prosecutor appointed due to perceived flaws in the case under DA Fani Willis.
“Nothing you do will derail the efforts of my staff and I to bring the election interference prosecution to trial so that a jury of Fulton County citizens can determine the guilt or innocence of the defendants,” Willis stated.
While the DA has remained defiant against criticism, McCarthy and other legal analysts have expressed skepticism of the prosecution’s strategy and charges based on plea deals reached so far that did not involve RICO counts or jail time.
McCarthy’s analysis hints at a disconnect between the serious RICO indictment and actual case outcomes, casting further doubt on the strength of the prosecution’s position.
“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,” McCarthy said.
“What she’s criminalizing is not only First Amendment protected activity but First Amendment activity without which government doesn’t work,” McCarthy added.
“If you find that there is an ‘odor of mendacity’ that’s lingering over the case, it’s because of the joint activity of Fani Willis and Nathan Wade, indicating a potential flaw in the prosecution’s position,” McCarthy said.
“For all the bombast that she indicted it with, she’s now taken four pleas. That’s not one person has pled to a RICO count yet, not one person will do one hour in jail.”
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