Andy McCarthy: There Is a ‘Double Standard’ Between Trump, Hillary But Hillary Should Have Been Prosecuted

On Friday’s broadcast of the Fox Business Network’s “Evening Edit,” author, National Review Contributing Editor, Fox News Contributor, and former Assistant U.S. Attorney Andrew McCarthy stated that there is a double standard between how former President Donald Trump and former Secretary of State Hillary Clinton have been treated, but the issue with that argument is “Hillary Clinton should have had the book thrown at her.” And so, “the problem here is not that somebody who committed crimes is being prosecuted, the problem is that all these people who also committed crimes didn’t get prosecuted.”

McCarthy said, “I think Hillary Clinton is the most notorious case of it, where you have a two-tiered justice system and it’s obvious that the quality of justice that people get is dependent on their partisan affiliation or whether they are connected to people in the ruling class or not. So, to the extent that people are on fire about that, they have every right to be. I think the Hillary Clinton precedent, if we applied it as the law, what it would mean is nobody ever again would ever be prosecuted for classified information offenses. I don’t think we can have that. But at the same time, to the extent it helps Trump argue that he’s been selectively prosecuted, that’s a good political argument to make. The problem he has is that once you are charged, it’s not really a very good legal argument in a jury trial, because the jury’s going to be told it doesn’t matter what happened to somebody else, it’s this case.”

Later, he added, “I think, Liz, the problem with the double standard argument — which I agree with — is, to my mind, the big problem with those cases that you reeled off, if it had been up to me, Petraeus would have been prosecuted for a felony. Hillary Clinton should have had the book thrown at her. … Sandy Berger should have been prosecuted. So, the problem here is not that somebody who committed crimes is being prosecuted, the problem is that all these people who also committed crimes didn’t get prosecuted.”

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