Former Assistant U.S. Attorney Andy McCarthy told Fox News Wednesday that a federal judge would not tolerate the way House Democrats have handled the impeachment of President Trump, adding that the case spearheaded by Speaker Nancy Pelosi has "big problems."
“The building of the case should have happened already,” McCarthy told “Outnumbered Overtime,” responding to host Harris Faulkner’s comment that the next step of the process is “building up the impeachment case against President Trump” during the Senate trial.
McCarthy said that the typical federal judge would not allow an “active grand jury investigation outside the parameters of the trial while the trial is going on.”
“There could be nothing more prejudicial to having a fair trial than trying to conduct a trial where there is all this noise outside the trial coming from the House as evidence keeps getting thrown over," he added.
Earlier Wednesday, Pelosi announced the appointment of seven lawmakers who will serve as House impeachment managers. The list includes House Intelligence Committee Chairman Adam Schiff, D-Calif., who will be the lead manager and who led much of the impeachment inquiry out of his committee, and House Judiciary Committee Chairman Jerrold Nadler, D-N.Y., whose panel drafted the articles of impeachment.
McCarthy said that the House has handed the Senate “very unripe allegations.”
“They’re hoping they can put pressure on [Senate Majority Leader Mitch] McConnell, through the Senate Democrats, to continue the grand jury investigation during the trial in the Senate,” he added
McCarthy advised McConnell that in order to prevent House Democrats from inserting new evidence during the Senate trial, the Majority Leader should hold the documents for a certain amount of time while the managers try to finish the investigation.
Fox News' Brooke Singman, Jason Donner, The Associated Press, and Gregg Re contributed to this report.