Andrew McCarthy, Fox News Contributor, Former Assistant U.S. Attorney For Southern District Of NY, and Author of Ball Of Collusion: The Plot To Rig An Election And Destroy A Presidency, joined guest host Todd Piro on the Guy Benson Show to discuss the latest on the subpoena of Hunter Biden and the appearance of compliance from the Hunter Biden legal team. McCarthy and Piro also dive into the origins of much of the antisemitism going on across the United States today. Piro points out that McCarthy foretold the ongoing antisemitism nearly a decade ago, and McCarthy details how his thesis has come true. Listen and read the full interview below.
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Todd Piro: Good, because we’re going to be talking to another lawyer, a much better lawyer, his name, Andy McCarthy. You know him. You love him. Fox News contributor, former assistant U.S. attorney for the SD, N.Y., Southern District of New York and author of Ball of Collusion The Plot to Rig an Election and Destroy a Presidency. Andy, great to chat with you. The big news of the day, Hunter Biden agreeing to House Oversight Committee testimony. He’s going to go he’s going to talk. I expected more of a fight from Hunter’s legal team fighting the subpoena. What did I miss, Andy?
Andrew McCarthy: Todd, I don’t think you’ve missed anything. I think what we’re getting here is a little bit of performance in the sense that what he has said is he will testify, but he wants to do it publicly. And obviously, they’re not going to allow him to do that because this is the investigative phase and the rules require him like they require everybody else to show up and give a behind closed doors deposition, which is usually much more searching and informative. He he’s trying, I think, to avoid that. So he wants to turn this into a situation where he can say they don’t really want to question him because they want questioning out in the open. We saw this song and dance during the January 6th committee hearings. You may remember there were a lot of witnesses who they subpoenaed for interviews behind closed doors. And people started to get heat up about that because what they would do almost 60 Minutes is kind of slice and dice those interviews so that they weren’t necessarily representative of what the what at least some of the witnesses said. So a lot of the witnesses ended up saying, I’ll come, but I’ll only come if you let me testify in person or in public. And, of course, the committee forced them to come and testify behind closed doors because that’s what the subpoena requires. So I think that’s what will happen here.
Todd Piro: You used the word show. You nailed it. I mean, let’s be real. Hunter’s attorney, Abbe Lowell, is not a first year associate wet behind the ears from law school. This is a seasoned Washington operator. He knows the rules to put out a statement like we have seen, you use closed door sessions to manipulate, even distort the facts and misinform the public. This is a complete public relations move. He knows it. He’s just trying to curry favor because he knows that the MSNBC’s and the CNN’s of the world are going to put that out there and their audience is going to eat it up. There’s also the second side of this. Komar agreed in a statement that Biden should have the opportunity to testify publicly, but said he is still required to appear at this closed door deposition scheduled for December 13th. So basically, Comar is saying, I agree with you. Take your time. At some point after the deposition, come before the panel, come talk to us in public. The problem with that from Hunter’s perspective, Andy, is I don’t think Hunter’s going to come off well because based upon my knowledge of the facts, he’s dead to rights. Your thoughts?
Andrew McCarthy: Well, you know, I think, first of all, he’s got a ready made reason not to testify. Right. He’s under indictment by the Justice Department. So we’ve got a very live Fifth Amendment privilege. And then we’re also told, although we’ve been told this for many years, that the so-called special counsel is still conducting an investigation, which means he’s got a live system amendment privilege. With respect to the other stuff that’s under investigation, like potential money laundering and foreign agents, you know, failure to register as a foreign agent and all that stuff. So I think he’s figuring he’s got he’s got no reason not to put on a brave front here because when push comes to shove, he, you know, he gets asked questions at a hearing that he doesn’t want to answer. He can say, well, obviously, now that the Justice Department has indicted me, I have no choice but to take the Fifth Amendment, which, you know, it’s it’s explosive for people to take the Fifth when they haven’t been charged with everything. But I think most Americans understand, if you read the indictment and facing the trial, if you assert the Fifth Amendment, they’re not going to you know, they’re not going to read too much into that. So he knows how this is going to go. And as a result, you know, he’s not going to tell them anything. Any question he doesn’t want to answer. He’s going to take the Fifth. And knowing that what’s what’s, you know, his best move is to now say, the committee, you’re afraid to question me in public. It’s not that he wants to submit himself to a you know, to a deposition behind closed doors. So he’s trying to make lemonade. He can have the lemons he’s been dealt. But, you know, I think he’s still in a rough spot.
Todd Piro: I think you highlighted something that you should have learned, not you, but the audience should have learned over the course of the last couple of years and will learn definitely over the next year. And it’s that old law school adage, you give me procedure, I’ll take the procedure every time, because basically everything that you’re seeing right now is procedure wrapped in a little public relations. I have a little bit of a different view, and I’m curious as to whether you agree with this. This is less law and more politics. We’ve read articles that showed Hunter Biden and his team are going to be going on offense because they’re not getting. The assistance from the White House that they want. Again, the politics angle. But do you truly believe that Abbe Lowell and Hunter Biden and that team think that they either did nothing wrong or are so arrogant that they could convince the American people that they did nothing wrong? Or do you think this is strictly trying to play the procedure for public public relation gain?
Andrew McCarthy: Well, they’re certainly trying to play the public relations game. But they’re doing it in the context of a of what’s supposedly an ongoing criminal investigation. And, you know, look, to be fair to them, Todd, they’ve they’ve done this pretty well so far. I mean, they have a lot of built in advantages in that the Biden Justice Department has not wanted to conduct a serious investigation. But look where it’s gotten them. I mean, you have a situation where this guy Weiss, who they now claim is a special counsel, but actually under the rules that the Justice Department operates under is not was not qualified to be a special counsel because he’s not from outside the government. In fact, he’s the opposite of from outside the government. He’s the guy who’s had the investigation under the conflict all along. Right. So he’s dragged his feet for five years. And as a result, all of the most explosive information that we talk about in connection with the Biden administration, which is like the Burisma stuff that goes back to 2014. And a lot of the Chinese payments, the Russian payment of $3.5 million, all that stuff happened between 2014 and 2016. So by the way, by, you know, the new the federal statute of limitations is five years. So, by the way, that Weiss has dragged this out and Hunter and his counsel have kind of dragged their attracted out publicly with him. They’ve managed to get a large part of the case against him, completely erased because they can’t bring the charges anymore. And what you’re left with so far, the guys only you know as much as we said that. Oh, yes. We have a continuing investigation. So far, the only thing that’s been charged is, you know, a gun case that was on the verge of the statute of limitations exploding on that one, too, until he got shamed into to bringing it. So, you know, the DeLay strategy for them has been pretty good. And I think they continue to work in coordination with the Biden Justice Department. They may pretend that they’re right, you know, in an adversarial relationship with them, but I don’t see that.
Todd Piro: Procedure, procedure, procedure. Looking at the statute of limitations, you get to hear that a lot in the coming days. And, you know, I wonder on the other side of the the legal world and all the Trump things, how procedure is going to play out. But that is a topic for a different day. I invoked you this weekend when I was on the curvy couch, Andy, because one question that I got at Thanksgiving and I’m sure many of us have been getting, how did we get to the point where just a few years in the scope of history after 911, we have Americans celebrating Hamas in the streets of our biggest cities. And I think so many of us have thrown our hands up in the air and said, I have no idea how we got here. But you do you have an idea? You pinpointed this over a decade ago. And I found it fascinating that you pinpointed this problem that long ago, that you highlighted it to the people in charge and were ignored. Going to a little bit more detail about that.
Andrew McCarthy: Yeah. So I think, Todd, there’s two kinds of radical Islamic organizations. One is like the flat out terrorist organization, like the Al Qaida’s of the world or the people I prosecuted in the 90s for the Trade Center bombing and the later plot on the New York landmarks. They won’t negotiate with anyone. They think that, like the West is completely illegitimate and they just want to fight and blow everything up, right? And then there’s the more sophisticated approach that’s always been followed by the Muslim Brotherhood, where terrorism is like one item on a lengthy menu of things that they do to oppose the West, which includes getting into the court of public opinion, popular culture, the courts, the campus, etc.. And I wrote a book, if you’re kind enough to allude to it, probably about 14 years ago now. But but explaining that the most important building block of the Muslim Brotherhood’s infrastructure in the West has been the Muslim Students Associations. They started in 1963 with like a handful of chapters and a few universities in the Midwest. That’s 60 years ago. Now they have multiple chapters in almost every university across the United States and Canada, hundreds of chapters. And this has gone on for 60 years, very virtually without any opposition. And it’s been perfectly obvious that, you know, they punch way above their weight in terms of their influence on campus, in in city governments, in state governments and in the media. So, you know what? We’re now unfortunately reaping what was sown. Six decades ago.
Todd Piro: How have we missed this? Despite people like you actually warning people in charge that this was happening, much like how did we miss the infiltration of the CCP in these institutions when they’re putting their Confucius institutes in our colleges and universities? How did we miss this, Andy?
Andrew McCarthy: I think what happened, Todd, is the Brotherhood is a very shrewd organization and they invented a concept called Islamophobia, which basically they equated with racism, even though what what Islamophobia, as they can see that is, is any criticism of their belief system. And it’s obviously not, you know, a phobia is an irrational belief. And if you’re concerned about a doctrine that fuels terrorism, anti Semitism, anti-Western ism, anti Americanism, there’s nothing phobic about that. There’s nothing irrational about that. That’s a very different thing from Muslim hatred. You know, obviously, there’s there’s people in the world who hate Muslims, just like people hate Jews and hate, you know, all kinds of different groups. That’s a different thing. But this Islamophobia, which they promoted and really turned into a thing, I think made people very leery of examining their doctrine and their methods in a critical way. And, you know, 60 years later, you wake up and this is the world we’re in.
Todd Piro: What’s their endgame?
Andrew McCarthy: To defeat the West. You know, they what people need to understand is that jihad, which is a pillar of this belief system, not. Not Islam, per se, but but, you know, this sort of fundamentalist interpretation of Islam. Jihad is always and everywhere about spreading Sharia, which is Islam’s legal code and their societal structure, which is very different from our freedoms in the West. I’ve always said it was anti-constitutional or counter constitutional, and their goal is to win is to defeat the West in every way. The jihadis do it by forceable combat. The more sophisticated outfits like the Brotherhood use forcible combat when it’s available to them, and it’s the best option. But otherwise, they want to fight in the media. They want to fight in the courts. They want to fight on the campus. And it’s pretty obvious that they’ve really advance the ball up the field from their point of view in a way that I think is shocking to people. To see thousands of people in major cities in the West, not just in our country, but in London and places in Europe, to see them pour out into the street and be basically in favor of Hamas after October 7th, which is an incident where Hamas actually did the attacking, is a kind of a shocking thing.
Todd Piro: It’s absolutely unconscionable. And when you think you’ve seen it all. To have that happen, I think so many people were scratching their head and asking the questions that I asked at the outset. And that’s why it’s so illuminating that you have done the research on this. You have presented these facts, individuals that are in positions of power. And it’s frightening that nothing was done. And the other thing that that stands out to me, Andy, is 22 years ago was 911. Maybe I’m naive, but it seemed to me that we are all rowing in the same direction following the events of that horrific day. And right now, I just can’t say the same. Quickly, before we let you go, putting aside all the talking heads stating their opinions on this issue and that issue, the people that matter, the people that make the decisions in our government now, that they should be on notice of what is really happening in our colleges and in our universities and in our system at large. Are you confident that they will take the necessary steps to deal with this so that this this disease does not fester more so than it already has?
Andrew McCarthy: I’m really not confident right now. And the main reason, Todd, is because there’s been a major change in one of the two major parties. I mean, if you look at the polling that we’re seeing in recent weeks, it’s just stunning. On the on the Democratic side in particular, how young Democrats poll with respect to the Palestinians versus Israel. It’s been a it’s been a staple of American politics for you since I was a kid. And before that, there’s been a strong American support for Israel. And I think that’s evaporating with young voters on the Democratic side to a stunning degree. And it’s exactly because of the phenomenon that we’ve talked about, which is, you know, they planted these Muslim students associations in campuses across the country, and they’ve been very, very influential for the last 60 years.
Todd Piro: With all the resources that the DNC, the White House puts into polling, the fact that they were caught off guard by this upswell, not knowing the youth of America makes me concerned, not for the election. That’s their issue. It makes me concern for what the administration and the people that try to protect us. Are they being caught off guard, too? Sounds like they could be. Andy McCarthy, thank you so much. Love this conversation. We appreciate it. The Guy Benson Show. Back after this.