{"id":213917,"date":"2016-07-06T16:45:40","date_gmt":"2016-07-06T20:45:40","guid":{"rendered":"http:\/\/172.24.32.11\/daily\/2016\/07\/06\/rush_interviews_former_federal_prosecutor_andy_mccarthy_on_the_fbi_investigation_into_mrs_clinton_s_email_scandal\/"},"modified":"2017-07-10T11:09:34","modified_gmt":"2017-07-10T15:09:34","slug":"rush_interviews_former_federal_prosecutor_andy_mccarthy_on_the_fbi_investigation_into_mrs_clinton_s_email_scandal","status":"publish","type":"post","link":"https:\/\/www.rushlimbaugh.com\/daily\/2016\/07\/06\/rush_interviews_former_federal_prosecutor_andy_mccarthy_on_the_fbi_investigation_into_mrs_clinton_s_email_scandal\/","title":{"rendered":"Rush Interviews Former Federal Prosecutor Andy McCarthy on the FBI Investigation into Mrs. Clinton\u2019s Email Scandal"},"content":{"rendered":"<p><a href=\"http:\/\/live-rush-limbaugh.pantheonsite.io\/videos\/37\/72147\" target=\"_blank\" rel=\"noopener noreferrer\"><img decoding=\"async\" class=\"alignright\" src=\"\/wp-content\/uploads\/listentoit.jpg\" alt=\"Listen to it Button\" \/><\/a><\/p>\n<section>RUSH:\u00a0 We welcome Andrew McCarthy, who has become a good friend.\u00a0 He\u2019s a former prosecutor in the US attorney\u2019s office, Southern District of Manhattan, who &#8212; as you all know by now &#8212; was the co-lead prosecutor who secured a conviction against the blind sheik, has become an expert in Islamic terrorism, Islamic supremacism, and Sharia law, and is also an expert constitutionalist.\u00a0 And we\u2019re glad to have you here, Andy.\u00a0 How are you?MCCARTHY:\u00a0 Rush, I\u2019m doing great.\u00a0 How are you?<\/p>\n<p>RUSH:\u00a0 Good.\u00a0 Now, okay we got the second day here.\u00a0 You\u2019ve had a day &#8212; we\u2019ve all had a day &#8212; to digest this.\u00a0 You had your piece at NRO yesterday that basically shredded the FBI director\u2019s claim that he couldn\u2019t find any intent here and, as such, no reasonable prosecutor would seek charges or would seek to prosecute the case.\u00a0 Where are you today after having an overnight to digest this, talk to people about it, and review your own thoughts?<\/p>\n<p><img decoding=\"async\" id=\"eZObject_124489\" class=\"img_middle\" src=\"\/wp-content\/uploads\/2016\/07\/Interview-Andrew-C-McCarthy.jpg\" align=\"middle\" \/>MCCARTHY:\u00a0 Well, I guess, because I think highly of Jim Comey &#8212; he\u2019s been a friend of mine and someone I have a lot of respect for personally for a long time &#8212; I try to find some silver linings in what otherwise is a pretty disappointing outcome.\u00a0 And the one that I keep coming back to, Rush, is that the normal way that this exchange between the FBI and the Justice Department goes is it happens, really, in secret, in private, and we never hear about it.\u00a0 And when a case basically gets tanked or not brought, you never know what the evidence in the case was.<\/p>\n<p>And the only upside I can see to what\u2019s happened here is he &#8212; in a very expansive, lavish way &#8212; laid out exactly what the FBI\u2019s investigation found so that at least the American people will have that before them when they go to the polls in November.\u00a0 Now, I should underscore that I don\u2019t think that\u2019s the FBI\u2019s job.\u00a0 I like the idea that the law enforcement people do law enforcement and leave the politics to the politicians.\u00a0 But I am grateful for the fact that at least we have a full accounting of what they found.<\/p>\n<p>RUSH:\u00a0 You know Comey, so in that regard let me ask you: An analogy made here yesterday that others have made also is that this was strikingly similar to the Chief Justice John Roberts saying (summarized), &#8220;You know what?\u00a0 I don\u2019t feel comfortable finding a major piece of legislation of the president\u2019s that was voted in favor by the people\u2019s representatives&#8230;\u00a0 I just don\u2019t want&#8230; I\u2019m not gonna rule this unconstitutional.&#8221;\u00a0 So he changes it from the bench essentially to make it pass muster.\u00a0 And some people are saying that Comey has, in his own way, done the same thing here, that he just couldn\u2019t bring himself to have such a major impact on something as important as a presidential campaign by taking an action that might result in the nominee of one of the major parties being taken out.\u00a0 Any reaction to that theory?<\/p>\n<p><img decoding=\"async\" id=\"eZObject_124493\" class=\"img_middle\" src=\"\/wp-content\/uploads\/2016\/07\/ObamacareSupremeCourtRobertsKoolAid.jpg\" align=\"middle\" \/>MCCARTHY:\u00a0 Yeah.\u00a0 I like the comparison for a few reasons.\u00a0 I think, you know, one of the reasons that Chief Justice Roberts did in that opinion, very much like what Jim did yesterday, is with Tom Brady-like precision he moved down the field briskly and in a way that looked like he couldn\u2019t be stopped. And then once he got to the Red Zone, he moved the goal post, he moved the end zone, he changed the rules that would have otherwise led him to a different conclusion.\u00a0 So it\u2019s an interesting comparison.<\/p>\n<p>The other thing is, there are a lot of people like myself who were very disappointed in Roberts, just like I was disappointed in Comey, whereas there were other people in the Roberts rah-rah section who said that the chief justice was a diabolical genius, because while he seems to have come up short of doing what he should have done in this particular case, he sowed the seeds for undermining the jurisprudence of the Commerce Clause and therefore all of this federal expansion is potentially vulnerable to attack.\u00a0 I hate that kind of stuff.\u00a0 I just think it\u2019s too Machiavellian to me.\u00a0 I want the judges to judge cases &#8212;<\/p>\n<p>RUSH: Exactly.<\/p>\n<p>MCCARTHY &#8212; I want the prosecutors to prosecute their cases, and I want the FBI to find facts, apply the law, and do the right thing in a case.<\/p>\n<p>RUSH:\u00a0 Right.\u00a0 It\u2019s akin to the theory somewhat related, that people say, &#8220;Go ahead, let the Democrats win the election so people will find out how bad they are! Go ahead, make Obamacare constitutional so people will learn how bad government expansion and intrusion is.&#8221;\u00a0 It never works out.<\/p>\n<p>MCCARTHY:\u00a0 No.\u00a0 And we\u2019ve got it already, you know? (chuckling) How many more times do we need to do it?\u00a0 You know, message received!<\/p>\n<p><iframe loading=\"lazy\" src=\"https:\/\/www.youtube.com\/embed\/wbkS26PX4rc\" width=\"585\" height=\"315\" frameborder=\"0\" allowfullscreen=\"allowfullscreen\"><\/iframe><\/p>\n<p>RUSH:\u00a0 Well, but look in these two cases.\u00a0 I find this interesting.\u00a0 I hope I\u2019m gonna be able to find the right words here to phrase the question here, but you have praised Comey\u2019s integrity &#8212; you know him personally &#8212; and everybody the same thing about John Roberts.\u00a0 So here we have two people that arguably if you had to peg them ideologically would be on the right side of center and both reputed to be of great integrity and highly reputed.\u00a0 And both of them exercised restraint.\u00a0 They did not go where they could go.<\/p>\n<p>They could not go where the law fully permitted them to go in order to cause less havoc, wreak less havoc on the country &#8212; on the body politic &#8212; thinking they were doing the right thing for the stability of the country.\u00a0 Now, the left never does that, Andy.\u00a0 If they\u2019ve got a chance to take us out legally or illegal, they do it.\u00a0 We don\u2019t seem to be able to close the deal.\u00a0 When we\u2019ve got \u2019em in the jaws of defeat, we don\u2019t seem to be able to clamp done and send the \u2019em packing.\u00a0 We practice restraint.<\/p>\n<p>We practice fairness. We show that we have maturity and an understanding of everything going on, and we hope people see us in that way.\u00a0 And it just never works out.\u00a0 So we\u2019re in a fight for the life and death of the country, and they&#8230; I\u2019m really nervous about this.\u00a0 Even though I knew this was gonna happen and I didn\u2019t think she was gonna be indicted, I\u2019m still devastated by this because of the implications for the country and what it means, particularly if she goes on to win.<\/p>\n<p><a href=\"http:\/\/www.nationalreview.com\/corner\/437479\/fbi-rewrites-federal-law-let-hillary-hook\" target=\"_blank\" rel=\"noopener noreferrer\"><img decoding=\"async\" id=\"eZObject_124488\" class=\"img_middle\" src=\"\/wp-content\/uploads\/2016\/07\/HillaryEmailMcCarthy.jpg\" align=\"middle\" \/><\/a>MCCARTHY:\u00a0 Yeah, Rush, I think you should be for a couple of reasons.\u00a0 You know, number one, I\u2019ve never understood this idea that, you know, we have to have the election calendar in mind when we\u2019re doing these political corruption cases because we wouldn\u2019t want to do anything that would make the FBI responsible for the outcome of the election.\u00a0 Well, you know, look, if you\u2019re in these jobs &#8212; and I\u2019ve been in these jobs &#8212; you have two choices.<\/p>\n<p>You either indict someone who deserves to be indicted and affect the election that way or you don\u2019t indict someone who deserves to be indicted, and you affect the election that way.\u00a0 One way or the other, you are in the situation where you\u2019re affecting the election.\u00a0 So that ought to be liberating.\u00a0 We shouldn\u2019t be worried at all about how our exercise of discretion affects the politics.\u00a0 What our job is, is to exercise discretion correctly and let the chips fall where they may.\u00a0 But, secondly, we are never going to impress the audience that they seem to want to impress.<\/p>\n<p>I think you pointed out earlier that, you know, half of this country is going to vote for Hillary Clinton no matter what, and the reason they\u2019re going to vote for Hillary Clinton is not that they\u2019re under any illusions about who she is character-wise.\u00a0 It\u2019s because they see her as the way to defeat Republicans and defeat conservatives and block us from being in power, and to them that\u2019s more important than what her character shows.<\/p>\n<p>RUSH:\u00a0 I don\u2019t think there\u2019s any question about it.\u00a0 There\u2019s glee&#8230; I mean, they\u2019ll sing her praises just short of&#8230; I mean, even if she\u2019d been indicted, I think she would have circled the wagons around her.\u00a0 Well, okay, so there\u2019s no legal future here.\u00a0 There\u2019s no&#8230; She\u2019s exonerated. Well, no!\u00a0 Actually, she\u2019s not.\u00a0 She\u2019s not been cleared.\u00a0 That\u2019s another thing.\u00a0 She\u2019s not been cleared; she\u2019s not been exonerated.\u00a0 They just made the decision not to pursue this, so she is still susceptible &#8212; you alluded to this at the beginning here &#8212; to the court of public opinion.\u00a0 Are you confident &#8212; do you have any confidence at all &#8212; that a case can be made in the political campaign that would accomplish the same thing, barring legal penalties, of course &#8212;<\/p>\n<p>MCCARTHY:\u00a0 Yeah.<\/p>\n<p>RUSH:\u00a0 &#8212; that an indictment might have?<\/p>\n<p><img decoding=\"async\" id=\"eZObject_124490\" class=\"img_right\" src=\"\/wp-content\/uploads\/2016\/07\/mccarthycourt_large.jpg\" align=\"right\" \/>MCCARTHY:\u00a0 I think, Rush, that it\u2019s gonna take more than, you know, just saying the system is rigged.\u00a0 And I &#8212; you know, I know that that\u2019s been an effective argument for Trump, but I think most of the people who are buying that are already in his camp.\u00a0 It\u2019s gonna require more in the way of carefully going through what the FBI has found, and showing in a way that that thing that you played before showed that Comey really didn\u2019t show yesterday, which is how appalling the differences between what the FBI found and what she represented to the American people throughout this campaign.\u00a0 I hope they\u2019re up to that, because I think there is a way that that can resonate with the public.<\/p>\n<p>RUSH:\u00a0 Explain to me, if you would &#8212; and to the audience, too, before you go here &#8212; you made it very clear in your article yesterday that Comey essentially had to combine two statutes. One statute that did not require intent, he changed. He rewrote the law in order to make intent relevant and then to say she never showed any.\u00a0 Well, you know, you and I never intend to do any of this stuff that\u2019s illegal that we do or any of the questionable things like your example to me.\u00a0 &#8220;You know, we text when we drive.\u00a0 That\u2019s negligent.&#8221;\u00a0 We know we\u2019re being negligent, but we don\u2019t intend to have an accident because of it, yet we still engage in it.<\/p>\n<p>MCCARTHY:\u00a0 Right.<\/p>\n<p>RUSH:\u00a0 And it\u2019s against the law.\u00a0 So she was given a pass.\u00a0 She was given a pass not only on intent; she was given a pass on negligence.\u00a0 She was given a pass on relentlessly, and she seeks the highest office in the land.\u00a0 It clearly it looks like there\u2019s two sets of laws for two different classes of people here.<\/p>\n<p>CALLER:\u00a0 You\u2019re exactly right.\u00a0 If you apply the law that applied to her, she was reckless in the sense of being grossly negligent, which is what the statute talks about.\u00a0 Now, the reason this is confusing to people is that in most criminal cases there\u2019s an intent requirement where you have to specifically intend the thing that causes the harm.\u00a0 In a case involving recklessness with gross negligence, you often intend to do the thing that is the negligent thing to do, like when we text and we know we shouldn\u2019t.<\/p>\n<p>We know in our minds that when we do that we cause injury to ourselves and anyone who\u2019s in our car in the car.\u00a0 We don\u2019t intend that those people be injured, but we certainly intended to do the texting, and that was grossly negligent.\u00a0 What she did here, she had every reason to know &#8212; as Comey pointed out to a fair-thee-well yesterday &#8212; that her behavior, setting up this systematic nonsecure system to have these highly classified communications, she perfectly well knew that that was creating a major vulnerability for our national security.<\/p>\n<p>Now, did she want our national security to be hurt?\u00a0 No, but (chuckles), you know, obviously she engaged in behavior that ran that risk.\u00a0 And it\u2019s absolutely clear. I wish he had gone more yesterday into the damage assessment that the intelligence community has had to do on the basis of what she leaked out by communicating on this non-secure system.<\/p>\n<p>RUSH:\u00a0 I have one more question but I\u2019ve gotta take a break.\u00a0 It\u2019s on intent.\u00a0 Can you spare five more minutes?<\/p>\n<p>MCCARTHY:\u00a0 Yeah, of course. Sure.<\/p>\n<p>RUSH:\u00a0 Andy McCarthy is with us from National Review Online and PJ Media.\u00a0 We\u2019ll be back here in just a second, folks.\u00a0 Don\u2019t go away.<\/p>\n<p>BREAK TRANSCRIPT<\/p>\n<p>RUSH:\u00a0 And we are back with Andy McCarthy with a long and deep resume, including time in the US attorney\u2019s office the Southern district of Manhattan when Rudy Giuliani was the US attorney, which means Rudy was Andy\u2019s boss. \u00a0Rudy\u2019s been pretty pointed.\u00a0 Rudy thinks that she shouldn\u2019t get a security clearance now, that had he been Comey, had he been the US attorney, he would have indicted her. And he says that if Trump wins, he could appoint an attorney general who could still indict Hillary.\u00a0 Is that true?<\/p>\n<p><iframe loading=\"lazy\" src=\"https:\/\/www.youtube.com\/embed\/LRIBHgtXR_U\" width=\"585\" height=\"315\" frameborder=\"0\" allowfullscreen=\"allowfullscreen\"><\/iframe><\/p>\n<p>MCCARTHY:\u00a0 It\u2019s absolutely true, and it will never happen, but this Justice Department could indict her.\u00a0 The recommendation is just that; it\u2019s a recommendation.\u00a0 It\u2019s not the decision.<\/p>\n<p>RUSH:\u00a0 On intent, this is a little bit of my ignorance on the law.\u00a0 For some reason I\u2019ve been confused.\u00a0 I thought intent was a matter for the jury to decide in cases.\u00a0 I didn\u2019t know that intent became such a big factor in the decision to charge.<\/p>\n<p>MCCARTHY:\u00a0 Well, every case, Rush, when you make a decision whether to charge or not involves weighing every, what we call essential element of the crime. That is, every criminal offense has three or four or five elements that you have to prove beyond a reasonable doubt to bring the case.\u00a0 So if you\u2019re gonna assess the strength of your evidence, one of the things you always have to evaluate is the intent requirement of the statute, which varies from statute to statute.\u00a0 Sometimes it\u2019s intent, like intentional action.\u00a0 Sometimes it\u2019s willfulness, and sometimes, very unusually in the criminal law, it\u2019s gross negligence as it is with this particular statute involving national security.<\/p>\n<p>RUSH:\u00a0 Well, gross negligence cannot possibly have intent because it cancels it out. If you\u2019re grossly negligent, intent\u2019s not a factor, you are or you aren\u2019t, and she clearly was.<\/p>\n<p><img decoding=\"async\" id=\"eZObject_124494\" class=\"img_middle\" src=\"\/wp-content\/uploads\/2016\/07\/HillaryEmail.jpg\" align=\"middle\" \/>MCCARTHY:\u00a0 Yeah, I think what we\u2019ve hit on is what your confusion is, and I\u2019m not clearly enough explaining it.\u00a0 We use intent among prosecutors and agents as shorthand for what we should call mens rea or the mental element of a crime.\u00a0 Sometimes it\u2019s intentionality, which means, you know, you intended when you pointed the gun to shoot that victim.\u00a0 Sometimes it\u2019s willfulness, which means a kind of an evil mind-set, and sometimes it\u2019s gross negligence, as it was in this case.<\/p>\n<p>RUSH:\u00a0 Okay, 90 seconds.\u00a0 One other thing.\u00a0 I\u2019ve seen that she tossed her State Department &#8212; her calendar, schedule, that she got rid of a number of things like this, burned \u2019em, threw them away, they\u2019re gone.\u00a0 Was that part of this investigation that\u2019s now concluding?\u00a0 That\u2019s not part of something else, she gets away with that, too? She gets away with destroying all the evidence, her calendar, her schedule, who she met with, that\u2019s all gone, too, right?<\/p>\n<p>MCCARTHY:\u00a0 Yeah, according to what the FBI director said yesterday, what they were looking at here was the question about handling classified information.\u00a0 We had heard some reports that they were also looking at the Clinton Foundation and the shenanigans that went on there where I think those calendars would be more relevant.\u00a0 He didn\u2019t mention a word about that yesterday.\u00a0 I don\u2019t know if that means that that\u2019s off their radar or he just didn\u2019t want to discuss it yesterday.<\/p>\n<p>RUSH:\u00a0 And do you think the meeting &#8212; 30 seconds &#8212; Loretta Lynch and Bill Clinton had any effect on Comey\u2019s decision making and timing?<\/p>\n<p>MCCARTHY:\u00a0 No.\u00a0 I don\u2019t think that would have affected it, but you know, I do think that the fact that President Obama, in his assessment of it, talked about intentionality as opposed to, you know, carelessness and did kind of the same thing Jim did yesterday in terms of &#8212;<\/p>\n<p>RUSH:\u00a0 Right.<\/p>\n<p>MCCARTHY:\u00a0 &#8212; laying this &#8212;<\/p>\n<p>RUSH:\u00a0 &#8220;She never did anything wrong. She never intended to do anything.&#8221;\u00a0 Yeah.\u00a0 Okay.\u00a0 Andy, I appreciate the time.\u00a0 I really do.\u00a0 Andy McCarthy, who you can find at National Review Online frequently and PJ Media and well worth your time to do so.<\/p>\n<p>BREAK TRANSCRIPT<\/p>\n<p>RUSH: When we had Andy McCarthy on a couple of hours ago on the program, I mentioned that his former boss, Rudy Giuliani, had said some powerful things about this whole situation with the FBI, James Comey, Hillary Clinton and the email server.\u00a0 We have a couple of bites here.\u00a0 First from Fox yesterday, The Real Story, Kimberly Guilfoyle was talking to Rudy, and she said, &#8220;Director Comey\u2019s decided not to, in fact saying no reasonable prosecutor would recommend that this case go forward against Hillary Clinton.\u00a0 What are your thoughts, Mr. Giuliani?&#8221;<\/p>\n<p>GIULIANI:\u00a0 My thoughts are that it would be unreasonable for a prosecutor not to go forward with it and almost an abdication of duty.\u00a0 It does not require intent.\u00a0 It just requires gross negligence.\u00a0 He said during his long statement that she was extremely careless.\u00a0 The first definition of gross negligence that comes up when you take out the legal dictionary is being extremely careless.\u00a0 The minute you say someone is extremely careless you are saying they\u2019re grossly negligent.<\/p>\n<p>RUSH: Right, and there\u2019s no intent required.\u00a0 Grossly negligent obviates the whole notion of intent.\u00a0 And what is this notion of intent anyway?\u00a0 Well, she didn\u2019t intend to put the US at risk.\u00a0 She didn\u2019t intend to have her system set up in such a way that could be hacked.\u00a0 She didn\u2019t intend for the top secret documents that she was sending and receiving to be seen by anybody else.<\/p>\n<p>You try that.\u00a0 You know, the next time you\u2019re guilty of anything, the next time you\u2019re charged with anything, try saying, &#8220;Hey, hey, hey, I didn\u2019t mean to run the stop sign.&#8221;\u00a0 Or, &#8220;I didn\u2019t mean to leave the bar and get behind the wheel.\u00a0 I really didn\u2019t.\u00a0 I didn\u2019t mean to get behind the wheel after having some adult beverages.&#8221;\u00a0 See if that works for you.\u00a0 And if you\u2019re saying it\u2019s not the same thing, yes, it is.\u00a0 In fact, it\u2019s even worse.\u00a0 Giuliani wasn\u2019t finished.\u00a0 He continued with this.<\/p>\n<p>GIULIANI:\u00a0 That\u2019s what Jim Comey found.\u00a0 He then just didn\u2019t come to the conclusion that it\u2019s a violation of the statute.\u00a0 He came to the other conclusion.\u00a0 I think that\u2019s why he walked out.\u00a0 There\u2019s no way to square the two things.<\/p>\n<p>GUILFOYLE:\u00a0 Isn\u2019t that interesting, \u2019cause he was potentially going to take questions, and he left.<\/p>\n<p>GIULIANI:\u00a0 That\u2019s the first question that would have been asked.\u00a0 The second question would have been, would she pass an FBI background check for top security clearance?\u00a0 The answer is no.\u00a0 She couldn\u2019t possibly.\u00a0 I\u2019ve read a thousand FBI background checks, maybe 2,000.\u00a0 This would get thrown right in the ash can.\u00a0 I mean, she wouldn\u2019t be, you know, the number 35 person at the State Department.\u00a0 If you took his report and an FBI background check, she couldn\u2019t get any kind of sensitive job with the government of the United States.<\/p>\n<p>RUSH:\u00a0 Well, now, wait a minute.\u00a0 Does that mean she can\u2019t be president?\u00a0 This is serious.\u00a0 If you can\u2019t pass a background check, can you be president? \u00a0I know, I know nothing\u2019s gonna come of it.\u00a0 That\u2019s the whole point.\u00a0 It should!\u00a0 This is serious stuff.<\/p>\n<\/section>\n","protected":false},"excerpt":{"rendered":"<p>RUSH:\u00a0 We welcome Andrew McCarthy, who has become a good friend.\u00a0 He\u2019s a former prosecutor in the US attorney\u2019s office, Southern District of Manhattan, who &#8212; as you all know by now &#8212; was the co-lead prosecutor who secured a conviction against the blind sheik, has become an expert in Islamic terrorism, Islamic supremacism, and [&hellip;]<\/p>\n","protected":false},"author":70,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","ngg_post_thumbnail":0,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-213917","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.0 - 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