{"id":315577,"date":"2019-07-15T16:07:00","date_gmt":"2019-07-15T20:07:00","guid":{"rendered":"https:\/\/admin.rushlimbaugh.com\/?p=315577"},"modified":"2019-07-16T16:23:49","modified_gmt":"2019-07-16T20:23:49","slug":"andy-mccarthy-answers-a-question-on-the-epstein-case","status":"publish","type":"post","link":"https:\/\/admin.rushlimbaugh.com\/daily\/2019\/07\/15\/andy-mccarthy-answers-a-question-on-the-epstein-case\/","title":{"rendered":"Andy McCarthy Calls In to Answer a Question on the Epstein Case"},"content":{"rendered":"

RUSH: Folks, I\u2019m gonna interrupt myself here because I\u2019ve got Andy McCarthy on the phone. I just saw him on Fox, and I sent him a quick note asking if he had five minutes. I wanted to ask him about something that\u2019s bugged me about this Epstein case since it started, and he got back to me. Andy, thanks much. I promise I won\u2019t take much of your time here.<\/p>\n

MCCARTHY: Rush, it\u2019s a pleasure. Take whatever part of my time you like.<\/p>\n

\"\"RUSH: Well, here we go. Now, Andy is a former prosecutor at the SDNY, Southern District New York. By now you all know the story. He was on the prosecuting team that convicted the blind sheikh back in the early nineties. The Jeffrey Epstein case. I saw you on Fox a moment ago being questioned about this, and you had limited time, and I wanted to ask you about it \u2019cause it\u2019s been something that\u2019s bothering me since this latest phase began that I don\u2019t understand and I\u2019m sure there\u2019s an explanation for it.<\/p>\n

The plea deal that gave him immunity from federal prosecution that he signed back in 2006 or 2008, how in the world can they bring him back on charges now, Andy? Are these new women? Is this something altogether new? I mean, how far does this extend, this immunity? And why is this not double jeopardy for him?<\/p>\n

MCCARTHY: Well, I think he\u2019s got a very strong double jeopardy argument, Rush. But I think factually what they\u2019re hoping for is that they can find some victims that they didn\u2019t already know about at the time of the deal. What they would really like is to find some victims outside the ambit of 2001 to 2007 because that\u2019s the period of time that\u2019s covered in the nonprosecution agreement. If they can find new victims outside that time, then those are new offenses and new crimes and then they don\u2019t have the double jeopardy problem. I think if they find new victims who are just more of the same — I don\u2019t mean to belittle the offense, but I\u2019m talking as a legal matter —<\/p>\n

\"\"RUSH: Right.<\/p>\n

MCCARTHY: — more incidents of the same crimes or the same statutory offenses that they already gave him immunity for, I don\u2019t think that\u2019s good enough. I don\u2019t think they can prosecute him on that. So then the other thing they have, Rush, besides that factual problem is this kind of cutesy legal argument that he only made this deal with the Southern District of Florida and that it doesn\u2019t bind any other federal district and that this is just simply a contract matter, not really a Fifth Amendment —<\/p>\n

RUSH: That\u2019s kind of crazy. Federal is federal.<\/p>\n

MCCARTHY: I think so. Now, there\u2019s some authorities in the Second Circuit, which is where the Southern District of New York is, for the proposition that a prosecutor\u2019s commitment in one district is not binding on another district. I think that that is very thin ice to bring a case like this on, and I also think, after looking at the Supreme Court\u2019s decision a couple of weeks ago or few weeks ago in the Gamble case, which is the dual sovereignty, double jeopardy case, I see a lot of hostility on the court to the whole idea of bringing a second prosecution, even in a situation where it\u2019s two separate sovereigns. Here, the Southern District of New York and the Southern District of Florida may be two different venues, but they represent the same sovereign, the United States. So I think this really is covered by double jeopardy.<\/p>\n

RUSH: Well, that\u2019s what fascinated me because nobody has raised that until I saw you on TV about a half an hour ago raising it. It makes all the sense in the world. In the context of a bail hearing it was supposed to be Thursday, moved to Friday, then supposed to be today. The judge has delayed it again. Epstein\u2019s team has offered a package of $77 million as guarantee that he won\u2019t flee. They\u2019ve calculated, if what I read is correct, that the closest they can come to his net worth or his wealth is $500 million. So losing $77 million is not a big deal. What are the prospects in your experience that he\u2019s gonna get bail?<\/p>\n

MCCARTHY: I think he is going to get bail, Rush. And one of the reasons is this Fifth Amendment issue that we\u2019re discussing. You know, in the usual case when a defendant brings the usual array of pretrial motions, they get decided by the lower court. And you don\u2019t get to appeal those until after the case is over. So you get the pretrial motions handled in the district court, which is where the trial takes place, then you have the trial or the plea or whatever, and then you start the appeals process. Double jeopardy is different because in double jeopardy the constitutional offense is not just convicting or acquitting somebody a second time. It\u2019s actually prosecuting somebody a second time.<\/p>\n

RUSH: Yeah, exactly.<\/p>\n

MCCARTHY: So you actually, in a double jeopardy claim, you get to go up to the Supreme Court before they have a chance to try you, which means if he has a colorable double jeopardy claim — and I think he does — then he gets to go to the Supreme Court before they could try him, which really elongates the pretrial period. And I think a court is gonna be very uncomfortable keeping him in custody that long.<\/p>\n

\"\"<\/p>\n

RUSH: All right. Now, the Supreme Court, I saw you ask this question. I want to take my stab at it. I was, frankly, kind of embarrassed. The Supreme Court would not be deterred in taking the case from Epstein\u2019s lawyers simply because of the subject matter. Just because it\u2019s about smut doesn\u2019t mean they would reject it. They would reject it or accept it on the legal merits, right? Not so much what this is about?<\/p>\n

MCCARTHY: Yeah. You know, Rush, the Supreme Court takes cases involving an awful lot of monstrous people, and they don\u2019t look at the subject matter of the case involved, I mean, except to the extent you need to look at it to decide the case. But, as far as the Supreme Court\u2019s concerned, this is a federal crime, and Epstein is presumed innocent until they convict him. So, he has the full array of rights and they have to treat it like they would treat any other federal crime, whether it was a murder case or a fraud case or a drug case or what have you.<\/p>\n

The fact that, you know, he may be a monstrous person, which I\u2019m fully prepared \u2013 in fact, he\u2019d pled guilty to some of these acts in Florida, so, you know, I\u2019m fully prepared to say he ought to be drawn and quartered at high noon, but the fact is the Supreme Court\u2019s gotta give him his day in court. As far as they\u2019re concerned, it\u2019s a federal crime and he\u2019s presumed innocent.<\/p>\n

RUSH: I appreciate you taking the time to call. This has been bothering me from the moment, Andy, I started hearing people say that he was toast.<\/p>\n

MCCARTHY: Rush —<\/p>\n

RUSH: It was jumping the gun on this and I was asking, \u201cHow can they go after him again after they gave him immunity on this?\u201d<\/p>\n

MCCARTHY: Rush, if you\u2019re bothered, that\u2019s what I\u2019m here for.<\/p>\n

RUSH: (laughing) Andy McCarthy, thanks very much, my man.<\/p>\n","protected":false},"excerpt":{"rendered":"

RUSH: I've got Andy McCarthy on the phone. I just saw him on Fox, and I sent him a quick note asking if he had five minutes.<\/p>\n","protected":false},"author":49,"featured_media":313910,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","ngg_post_thumbnail":0},"categories":[12,1],"tags":[],"yoast_head":"\nAndy McCarthy Calls In to Answer a Question on the Epstein Case - The Rush Limbaugh Show<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/admin.rushlimbaugh.com\/daily\/2019\/07\/15\/andy-mccarthy-answers-a-question-on-the-epstein-case\/\" \/>\n<meta name=\"twitter:card\" content=\"summary\" \/>\n<meta name=\"twitter:title\" content=\"Andy McCarthy Calls In to Answer a Question on the Epstein Case - The Rush Limbaugh Show\" \/>\n<meta name=\"twitter:description\" content=\"RUSH: I've got Andy McCarthy on the phone. I just saw him on Fox, and I sent him a quick note asking if he had five minutes.\" \/>\n<meta name=\"twitter:image\" content=\"https:\/\/www.rushlimbaugh.com\/wp-content\/uploads\/2019\/06\/APP-050318-Limbaugh-Legal-Advice-BODY.jpg\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"George Prayias\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"6 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"WebSite\",\"@id\":\"https:\/\/admin.rushlimbaugh.com\/#website\",\"url\":\"https:\/\/admin.rushlimbaugh.com\/\",\"name\":\"The Rush Limbaugh Show\",\"description\":\"Excellence In Broadcasting\",\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\/\/admin.rushlimbaugh.com\/?s={search_term_string}\"},\"query-input\":\"required name=search_term_string\"}],\"inLanguage\":\"en-US\"},{\"@type\":\"ImageObject\",\"@id\":\"https:\/\/admin.rushlimbaugh.com\/daily\/2019\/07\/15\/andy-mccarthy-answers-a-question-on-the-epstein-case\/#primaryimage\",\"inLanguage\":\"en-US\",\"url\":\"https:\/\/www.rushlimbaugh.com\/wp-content\/uploads\/2019\/06\/APP-050318-Limbaugh-Legal-Advice-BODY.jpg\",\"contentUrl\":\"https:\/\/www.rushlimbaugh.com\/wp-content\/uploads\/2019\/06\/APP-050318-Limbaugh-Legal-Advice-BODY.jpg\",\"width\":640,\"height\":360},{\"@type\":\"WebPage\",\"@id\":\"https:\/\/admin.rushlimbaugh.com\/daily\/2019\/07\/15\/andy-mccarthy-answers-a-question-on-the-epstein-case\/#webpage\",\"url\":\"https:\/\/admin.rushlimbaugh.com\/daily\/2019\/07\/15\/andy-mccarthy-answers-a-question-on-the-epstein-case\/\",\"name\":\"Andy McCarthy Calls In to Answer a Question on the Epstein Case - The Rush Limbaugh Show\",\"isPartOf\":{\"@id\":\"https:\/\/admin.rushlimbaugh.com\/#website\"},\"primaryImageOfPage\":{\"@id\":\"https:\/\/admin.rushlimbaugh.com\/daily\/2019\/07\/15\/andy-mccarthy-answers-a-question-on-the-epstein-case\/#primaryimage\"},\"datePublished\":\"2019-07-15T20:07:00+00:00\",\"dateModified\":\"2019-07-16T20:23:49+00:00\",\"author\":{\"@id\":\"https:\/\/admin.rushlimbaugh.com\/#\/schema\/person\/a2bc43fbe4b4e1ff4d1f092c6086a349\"},\"breadcrumb\":{\"@id\":\"https:\/\/admin.rushlimbaugh.com\/daily\/2019\/07\/15\/andy-mccarthy-answers-a-question-on-the-epstein-case\/#breadcrumb\"},\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\/\/admin.rushlimbaugh.com\/daily\/2019\/07\/15\/andy-mccarthy-answers-a-question-on-the-epstein-case\/\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\/\/admin.rushlimbaugh.com\/daily\/2019\/07\/15\/andy-mccarthy-answers-a-question-on-the-epstein-case\/#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\/\/www.rushlimbaugh.com\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"Andy McCarthy Calls In to Answer a Question on the Epstein Case\"}]},{\"@type\":\"Person\",\"@id\":\"https:\/\/admin.rushlimbaugh.com\/#\/schema\/person\/a2bc43fbe4b4e1ff4d1f092c6086a349\",\"name\":\"George Prayias\",\"image\":{\"@type\":\"ImageObject\",\"@id\":\"https:\/\/admin.rushlimbaugh.com\/#personlogo\",\"inLanguage\":\"en-US\",\"url\":\"https:\/\/secure.gravatar.com\/avatar\/a43c262983f0228d5f474ce08e691cf9?s=96&d=mm&r=g\",\"contentUrl\":\"https:\/\/secure.gravatar.com\/avatar\/a43c262983f0228d5f474ce08e691cf9?s=96&d=mm&r=g\",\"caption\":\"George Prayias\"},\"url\":\"https:\/\/admin.rushlimbaugh.com\/daily\/author\/georgeeibnet-com\/\"}]}<\/script>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Andy McCarthy Calls In to Answer a Question on the Epstein Case - The Rush Limbaugh Show","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/admin.rushlimbaugh.com\/daily\/2019\/07\/15\/andy-mccarthy-answers-a-question-on-the-epstein-case\/","twitter_card":"summary","twitter_title":"Andy McCarthy Calls In to Answer a Question on the Epstein Case - The Rush Limbaugh Show","twitter_description":"RUSH: I've got Andy McCarthy on the phone. 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