Andy McCarthy, a contributing editor at National Review and Fox News legal contributor, joined Hugh Hewitt’s radio show on Thursday to discuss the 37-count federal indictment against former President Donald Trump.
Hewitt asked the former prosecutor and analyst to break down how Trump’s longheld defense in the case – that as president he declassified the docs he wrongfully retained – will play out in front of a jury.
“In terms of the President’s defense that he declassified the documents, I’m not saying it has merit, but how does he get that into the record without appearing as a witness?” Hewitt asked.
“There would have to be, this is why I don’t think he has a defense, Hugh,” McCarthy replied, adding:
First of all, I think if you do that under the Presidential Records Act, there should be a document supporting it. Otherwise, he’s got to have a witness that shows that he did it. I don’t think he has that, and I also think it’s irrelevant, because it’s not a defense to these charges.
“But assuming he thinks it’s a relevant argument and they want to make the argument to the jury, how do they even get the assertion that he declassified them in his mind into the record without him going on the stand?” Hewitt asked, trying to understand if Trump could end up testifying.
“I don’t see how he can. Yeah, I don’t see how he could do that. He’s got to, if it’s the operation of his mind, he’s got to testify to it,” McCarthy noted.
“That’s what I thought. All right, Andy, you’re wonderful. Keep coming back. You’re the only guy I trust on this,” Hewitt concluded.
Listen to the full interview here.
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