WOULD EXONERATE HIM. >> ANDREW MCCARTHY, ASSISTANT US ATTORNEY AND FOX NEWS CONTRIBUTOR AND ASK A SERIES OF SIMPLISTIC QUESTIONS BUT ALLOW ME TO CATCH UP HERE. ONE IS IF THERE'S A CONVICTION ON ANY OF THESE OTHER CHARGES, 91 IN ALL, WOULD THAT BE OUT OF THE PRESIDENTIAL RUNNING, WITH THE CONVICTION CHANGE THAT OR CONSTITUTIONAL WILL HICCUP RUNNING AS REGARDLESS? >> THE ONLY QUALIFICATION FOR THE PRESIDENCY IS ONE HAS TO BE OVER 35, NATURAL BORN CITIZEN. THERE ARE NO OTHER QUALIFICATIONS. THEY COULD IMPEACH HIM IF THEY THOUGHT HE WAS ANYTHING OR ANYTHING ELSE THEY WERE AWARE OF. >> USING THE RACKETEERING, THAT WAS GENERALLY RESERVED IN THE PAST. FOR THE MOST PART. USUALLY MOB THINKERS. I'M WONDERING, IS -- IS THIS CASE A BIT OF A STRETCH? FORGET THE OVERLAP WITH WHAT MR. SMITH IS DOING. I AM WONDERING IF THERE'S POTENTIAL OF THIS LOOKING LIKE A REACH. AND SMITH'S CASE, SLAVERY OWNING TIMES AND MAKING SOME CHARGES AGAINST THE FORMER PRESIDENT THERE AS WELL. >> IF IT MAKES YOU FEEL BETTER, IN MY OLD LIFE, THOSE IRISH GUYS, I FEEL YOUR PAIN. I THINK THAT IT IS A MISTAKE FOR TO HAVE BROUGHT THIS CASE. I KNOW SHE SAYS SHE HAS EXPERIENCE IN THESE PROSECUTIONS. I DON'T THINK THIS IS A WELL THOUGHT OUT RICO AND IN A NUTSHELL, THE PROBLEM SHE HAS, THE MAIN THING THAT WAS THE OBJECTIVE OF THE PEOPLE SHE TRIED TO CAST AS RACKETEERING WAS TO RETAIN TRUMP, THIS IS A FLEETING OBJECTIVE, IT WAS NOT THEM GENERATING THING. THE REASON YOU HAVE THAT, RICO, THERE'S AN ECONOMIC PURPOSE TO IT, THEY GENERATED THROUGH A SERIES OF CRIMES ET CETERA. HERE, THE OBJECTIVE WAS NOT TO BE A MEMBER OF A GROUP LIKE IT WAS IN A MAFIA CASE WHERE THE OBJECTIVE WAS TO BE A MEMBER OF THE MAFIA GENERALLY, THROUGH ITS ACTIVITIES. THE OBJECTIVE WAS A LAWFUL ONE, WHICH THEY MAY HAVE HAD UNLAWFUL MEANS OCCASIONALLY TO GET OVER THE FINISH LINE TO RETAIN TRUMP IN POWER. THAT'S NOT THE GLUE THAT KEEPS A RACKETEERING ORGANIZATION TOGETHER. SHE IS GROPING FOR A CRIME. WHAT SHE NEEDS IS A SIMPLE CONSPIRACY THAT HAS A SIMPLE OBJECTIVE. IT IS AN AGREEMENT BY TWO OR MORE PEOPLE TO VIOLATE ANOTHER LAW, A CRIMINAL RAW, RETAINING TRUMP IN OFFICE WAS A CRIME THEN SHE WOULD HAVE AN EASY, SIMPLE, STRAIGHT LINE CONSPIRACY. SHE DOESN'T HAVE THAT BECAUSE THE OBJECTIVE IS NOT ILLEGAL EVEN IF SOME OF THE MEANS THEY USED TO TRY TO OBTAIN THE OBJECTIVE MAY HAVE BEEN. NEIL: SHE WANTS A SPEEDY TRIAL. EVERYONE ON THE PROSECUTION SIDE WANTS A SPEEDY TRIAL FOR VARIOUS CASES. THE FORMER PRESIDENT WANTS TO PUSH THIS BACK. HOW IS THAT KIND OF STUFF RESOLVED? >> I HAVE BEEN IN A CASE WITH 22 DEFENDANT'S WHERE WE WENT TO VERDICT. THAT REMAINS THE LONGEST FEDERAL CRIMINAL TRIAL IN AMERICAN HISTORY. BACK IN THE 80s. WE TOOK TWO YEARS TO GET TO TRIAL AND I THEN DID A TERRORISM CASE THE 90s WHERE WE STARTED WITH 12 DEFENDANTS AND THAT TOOK TWO YEARS TO GET TO TRIAL AS WELL. HERE, SHE'S NOT ONLY INDICTED 19 PEOPLE. SHE HAS INDICTED A BUNCH OF PEOPLE WHO ARE LAWYERS. THESE LAWYERS GET MORE LAWYERS AND THEY FILE, PEOPLE REMEMBER WHAT THE MANHATTAN PHONEBOOK LOOKED LIKE IN ANCIENT TIMES. THE MOTIONS IN THIS CASE WILL BE VERY EXTENSIVE. I CAN'T SEE THIS CASE GETTING TO TRIAL, AND PART OF THE STATE SYSTEM, IT IS AN INHERENTLY POLITICAL POLITICAL SYSTEM. A LOT OF WHAT FANNY WILLIS WANTED TO ACHIEVE HERE, THEY ACHIEVED BY FILING THE INDICTMENT. NEIL: WHAT MAKES THE GEORGIA CASE PROBLEMATIC. THE PRESIDENT CAN'T PARTON HIMSELF. THEY WOULD HAVE TO BE A REQUIREMENT THAT IF CONVICTED ON ANYTHING, 5 YEARS IN PRISON BEFORE HE COULD BE PARDONED AT ALL. NOT BY THE GOVERNOR BUT BY A STATE BOARD OF PAROLES AND PARDONS. THAT COULD WEIGH ON THE FORMER PRESIDENT. THIS COULD BE THE MOST DELICATE OF ALL. >> THIS GOES TO YOUR FIRST QUESTION. AND AS A PRACTICAL MATTER. AND EVEN ELECTED TO THE PRESIDENCY, LOOKING TO SAY, AND IF THEY WERE CONVICTED OF IT, LOOKING AT A MANDATORY 5 YEARS IN GEORGIA STATE PRISON, THAT WOULD PUT US IN A PLACE WE 'VE NEVER BEEN BEFORE AND IF SOMEBODY TELLS YOU THEY KNOW HOW THAT WILL COME OUT, THEY ARE EITHER UNDER AND ILLUSION OR SMOKING SOMETHING. NEIL: I'
