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Legal expert Andrew McCarthy shot down on Tuesday Democrats upset that Republicans invoke the Biden family when discussing Donald Trump's federal indictment.
Many Republicans believe Trump is being treated more aggressively than others, often citing Hillary Clinton, President Joe Biden, and first son Hunter Biden. Democrats respond to such charges by leveling one of their own: Republicans are engaging in "whataboutism" to distract from Trump's alleged criminal activity.
But McCarthy, a former federal prosecutor, explained Tuesday why the charge falls flat.
"When I hear this, 'what about, what about, what about' — you know, in the law, that's what the law is. Whataboutism is what law is," McCarthy said on Fox News.
"We decide things based on precedent. We make laws, we make statutory law, based on our experience. We gauge whether people are being treated fairly in a due process sense by comparing how they’ve been treated to how other people who’ve done analogous things have been treated," he explained. "That's not whataboutism like it's a political hit point. That's what we do in the law. That's what it's about."
According to McCarthy, those concerned about the differences between Trump's prosecution and the Hunter Biden investigation have a legitimate gripe.
After all, it took special counsel Jack Smith just 10 months to secure an indictment against Trump after the infamous Mar-a-Lago raid.
On the other hand, federal authorities have been investigating Hunter Biden for five years — and they're running up on the statute of limitations.
"Listening to your conversation about the Hunter Biden situation, one thing occurred to me. Everybody should have in mind October 2023. Hunter Biden made a false statement in a federal gun form in October 2018," McCarthy said.
"You want to talk about like all of these other cases? It would take a competent prosecutor and agent about five days — not five years — five days to put that case together," he added. "They have had it for five years. The statute of limitations runs [out] in October. That's what's going on here."
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Chris Enloe is a staff writer for Blaze News