On Saturday, former President Donald Trump shared that he faces potential arrest over accusations of "hush money" paid to porn star Stormy Daniels. Fox News contributor and former assistant U.S. attorney to the Southern District of New York, Andy McCarthy, joined "One Nation with Brian Kilmeade" host Brian Kilmeade to discuss what the news means for Trump.
Kilmeade noted that a spokesperson for the former president has shared there has been no formal notification of an arrest, and Manhattan District Attorney Alvin Bragg's office has declined to comment.
In a National Review column, McCarthy stated that the impending prosecution of Trump is a "disgrace" as it is a political move by a progressive prosecutor to benefit the Democratic Party in the "long term."
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McCarthy pointed out to Kilmeade that this case hinges on the testimony of Daniels and former Trump attorney Michael Cohen, both of whom have credibility problems.
"[Bragg] walked away from it Brian and my old office, the Southern District of New York, the federal prosecutors in Manhattan also wanted no part of this case, which hinges not only on the testimony of the porn star Stormy Daniels, who, you know, look, I think it's credible for her to claim that this happened way back when, but at the same time, you know, she's on record… a couple of times saying it didn't happen," McCarthy said. "The other crucial witness here is Michael Cohen and I think, probably, the feds walked away from him because of his deep credibility problems. So you're not starting out in a great place with those witnesses."
McCarthy added that if Trump were to be arrested, the United States Secret Service and NYPD would coordinate to ensure his safety, and he would likely surrender in a secure area without a traditional arrest. The NYPD would take fingerprints and photographs, but the mugshot would not be expected to be made public. Trump would then make an initial appearance before a judge in court.
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"The NYPD and the DA's office will get him through the processing. I don't think he'll be arrested in the traditional sense of they'll place handcuffs on him and perp-walk him. Given all the security and logistical nightmare that's involved with this kind of proceeding with a former president, what I'd expect is they'll figure out a place for him to surrender in a secure area where the Secret Service will stay with him," McCarthy said.
He continued, "The New York City police will process him, meaning they will do fingerprints and photographs, which is what they do for every person who comes into the system. I doubt we'll see the mug shot any time soon. We shouldn't see it because it's supposed to be nonpublic. I know these things leak from time to time, but I wouldn't hold my breath for this one for a while. And then they'll have to get him to court where he'll be making an initial appearance before a judge."
As this case relates to other cases involving the former president, McCarthy predicts once Bragg "crosses the Rubicon," we are "going to hear from the other ones" as well.