Former federal prosecutor Andrew McCarthy delivered a blistering critique of the RICO case brought by Fulton County District Attorney Fani Willis against former President Donald Trump. The case was scrutinized on Fox News on Thursday morning, with McCarthy tearing into the merits of the prosecution's arguments and strategy.

The controversy aligns with the accusation from Willis' office that Trump and others engaged in election interference. Willis, defiant in the face of criticism particularly concerning her office's use of federal funds, has stated, “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.”

Andrew McCarthy, however, was skeptical about the case's prospects for success. He said the defense's argument that Willis was targeting “First Amendment protected activity” through the indictment, a stance that could potentially undermine the prosecution's efforts.

“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 to 'Fox and Friends.'

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“What she's criminalizing is not only First Amendment protected activity but First Amendment activity without which government doesn't work,” McCarthy continued. The discussion further delved into the procedural aspects and potential outcomes of the case. Ashleigh Merchant, one of the defense attorneys for Trump, had mentioned that Fulton County Judge Scott McAfee was set to hear motions seeking to have the case dismissed.

“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 explained.  Moreover, McCarthy derided the notion that the defendants constituted a criminal organization akin to the Gambino family, calling it “one of the more preposterous things I've seen following the criminal law.”

While discussing the strategic aspects of the case, McCarthy humorously suggested that if he were a defense lawyer for Trump or any defendant, he would “send a limo to Fani's house every day to make sure she gets to work,” implying that Willis' continued involvement might ultimately benefit the defense due to perceived weaknesses in the prosecution's case.

The case's trajectory has been further complicated by plea deals, with McCarthy noting, “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.”

McCarthy's observations, like other legal analysts, hint at a disconnect between the prosecution's charges and the outcomes achieved thus far, casting doubt on the strength and direction of Willis' case. On Sunday Willis claimed that she is not worried after Judge Scott McAfee re-opened the disqualification case into Willis’ conduct, instead claiming that a “train is coming” for former President Donald Trump.