Fox contributor on the Comey indictment: “I don't think there's a case. ... It seems to be premised on something that is not true."
Andrew McCarthy: “I think this judge should throw the case out”
Published
Citation
From the September 26, 2025, edition of Fox Business' Mornings with Maria Bartiromo
ANDREW MCCARTHY (CONTRIBUTOR): Well, I don't think there's a case. You know, the things that Kash Patel that you just played that he was talking about that you and I have spoken about for years, Maria, the Russiagate stuff, I'm as big a critic of that probably as there is. I wrote a book about it, I think it was a disgrace and history will remember it that way. This indictment is not about that.
And it seems to be premised on something that's not true which is that McCabe said that Comey authorized him to leak to the Wall Street Journal. If you look closely at what McCabe said, what McCabe said was that he directed a leak to the Wall Street Journal and told Comey about it after the fact. So, it's true that Comey never authorized it in the sense of okaying it before it happened so I don't see how they can make that case.
MARIA BARTIROMO (ANCHOR): What about the leaking in general? I mean, what about leaking a story that they may have known was a lie to the media, because if you're the director of the FBI, you need the evidence to say, yeah — I mean, for years congressmen and lawmakers are trying to understand, Devin Nunes, John Ratcliffe, were trying to understand what's the origins of the investigation. So what was the origins of Russia collusion with Trump. And so, they never really had any evidence of it but they leaked it to the press?
ANDREW MCCARTHY: Yeah, but that's not what this case is about. I totally agree with you, if you were talking about the information that was provided to the FISA court that claimed that Trump was in collusion with the Kremlin. But, that's not what this case is about. What this case is about is Comey is accused of lying because —
MARIA BARTIROMO: Under oath.
ANDREW MCCARTHY: What Ted Cruz said — yeah, right. What Cruz said and I think this was a garble on his part was that Comey authorized McCabe to orchestrate the leak and what the inspector general found, and this isn't even just what the inspector general found, this is McCabe's own version of events. McCabe said he directed the leak and he told Comey about it afterwards. Now, they have a dispute about what exactly McCabe told Comey afterwards and whether Comey was approving or disapproving of it. But the charge is Comey authorized the leak, and he didn't authorize the leak.
MARIA BARTIROMO: I see. Well, the judge assigned to this case is a 2021 Biden appointee, Judge Michael Nachmanoff, what are your thoughts on that and what the grand jury will be looking at?
ANDREW MCCARTHY: Well, I think it's a shame and I should preface this, Maria, just so cards are on the table, I've known Comey for 40 years. I like him. I was in the office with him. I've been a pretty severe critic of his throughout the Russiagate stuff. But, on legal stuff I try to be clinical and call it as I see it.
So, I think this judge should throw the case out, but I'm afraid he won't throw the case out because everyone will say he's a Biden judge and the fix is in. So it's probably, even though I wouldn't want to go through it myself, it's probably better if there's a trial and the jury acquits him but this case should be thrown out.