Former acting U.S. Attorney General Matt Whitaker warned on "Fox & Friends First" Monday that the indictment of former President Trump sets a "concerning precedent" that may allow local prosecutors to target political enemies under federal law. 

TRUMP CONFIRMS HE WILL APPEAR IN COURT IN NEW YORK CITY ON TUESDAY FOLLOWING HIS INDICTMENT

MATT WHITAKER: There's no doubt in my mind that the legal basis for this case is very weak. … But the thing that concerns me the most is the separation of powers issue, and that is that you have a local D.A. trying to enforce federal law on campaign finance violation. And that's a very concerning thing because the feds looked at this issue, both the Southern District of New York and the Federal Election Commission, both who have jurisdiction over federal election laws, and they passed on that case. And so the fact that any local D.A. can take up a case under federal law and pursue it against their political enemies, I think, is a very concerning precedent. And I expect that the motion practice in this case, not only will make law, but will probably define a lot of the cases going forward.

Trump confirmed he will leave his Florida resort on Monday to travel to New York City where he will appear in court on Tuesday following his indictment.

"I will be leaving Mar-a-Lago on Monday at 12 noon, heading to Trump Tower in New York," Trump wrote on Truth Social. "On Tuesday morning I will be going to, believe it or not, the Courthouse. America was not supposed to be this way!"

In a previous Truth Social post, Trump went after Manhattan District Attorney Alvin Bragg who pursued the indictment following a years-long investigation, possibly for hush money payments.

"The Corrupt D.A. has no case. What he does have is a venue where it is IMPOSSIBLE for me to get a Fair Trial (it must be changed!)," Trump wrote. "And a Trump Hating Judge, hand selected by the Soros backed D.A. (he must be changed!). Also has the DOJ working in the D.A.’s Office - Unprecedented!"

Fox News' Lorraine Taylor contributed to this report.