EXCERPT:
McCARTHY: "I think, unfortunately, Bret, this is as weak as it was foretold to be. You see a lot of deceitful conduct, but the problem I think Jack Smith has is that Congress has not enacted statutes that directly criminalize the behavior that Smith is talking about, so what he has to do is distort statutes in order to try to pigeonhole the behavior into them. So, for example, the Supreme Court was very clear in May, in two cases where they threw out convictions against cronies of former governor Andrew Cuomo of New York that fraud in the United States means to bilk a victim out of money or property, you know, tangible assets, and that to the extent that Congress has tried to expand that into this idea of, you know, fraud that creates deceptive government practices, the statutes that are on the books now are vague and otherwise Congress hasn’t criminalized that. So, I think what you have is the case comes down to can he prove that Trump believed the things that he was saying, notwithstanding all the evidence to the contrary. But even if you can get over that hurdle, which I think is daunting, I do think you have the problem that he has extravagantly stretched these statutes in order to try to capture this behavior. That’s because this is really a proxy for what should have been a political impeachment process. They are leaving to the criminal justice system the failure of Congress to carry out a successful impeachment."