I WANT TO END WITH THIS, SAVE
AMERICA AND SAVE ITS CHILDREN.
ALL RIGHT.
FOR MUCH MORE LET’S BRING IN MY
GREAT FRIEND AND DREW
McCARTHY, FORMER U.S.
ASSISTANT ATTORNEY AND NATIONAL
RAO REVIEW CONTRIBUTOR, AND
FOX NEWS CONTRIBUTOR.
ANDY, WELCOME.
>> AND IN PERSON.
LARRY: IN PERSON.
A GREAT TIME FOR BOTH OF US.
WHAT DO YOU MAKE OF THIS?
YOUR EDITORIAL, PARTICULAR
LETTER THE EGREGIOUS LEAK AND
ROE V. WADE SUPREME COURT MUST
BE INVESTIGATED AS A CRIME,
LET’S START THERE?
>> IT IS OBVIOUSLY IS A CRIMINAL
ACT AND THERE ARE A VARIETY OF
BASIS TO PREDICATE AN
INVESTIGATION BUT LARRY, HERE’S
WHY I THINK IT IS REALLY
IMPORTANT.
IT WAS ABSOLUTELY APPROPRIATE
FOR THE CHIEF JUSTICE TO
AUTHENTICATE JUSTICE ALITO’S
DRAFT OPINION, TO TELL EVERYONE
YES, THIS IS AN AUTHENTIC
DOCUMENT AND IT WAS ALSO
APPROPRIATE FOR THE COURT TO
COME OUT AND SAY LOOK, UNTIL WE
FORMALLY ISSUE AN OPINION THERE
IS NO AUTHORITATIVE RULING FOR
THE COURT.
TOTALLY UNDERSTAND TO THE EXTENT
PUBLIC CONFUSION ON THOSE
POINTS, THEY HAVE TO CLARIFY IT
BUT NOW WHAT DOES THAT MEAN FOR
THE FIVE JUSTICES WHO ARE SIGNED
OFF ON THAT OPINION?
BECAUSE IF IT IS NOT A FORMAL
OPINION, AND YET THEY HAVE BEEN
IDENTIFIED AS INTENDING TO
OVERRULE ROE, IT TELLS ALL THE
CRAZIES OUT THERE, IF YOU WANT
TO PUT PRESSURE ON THESE PEOPLE
NOW IS THE TIME.
ONCE THIS GETS ISSUED FORMALLY,
IT’S DONE THING.
LARRY: PERSONAL PRESSURE,
POLITICAL PRESSURE.
>> RIGHT.
LARRY: COULD EVEN BE VIOLENCE?
>> OF COURSE IT COULD.
LARRY: THIS IS THE TIMES WHICH
WE LIVE UNFORTUNATELY.
>> WHICH MEANS YOU ABSOLUTELY
HAVE TO MAKE, YOU HAVE TO MAKE
IT CLEAR THAT THIS KIND OF
BEHAVIOR IS NOT GOING TO BE
TOLERATED.
IT IS AN OBVIOUS OBSTRUCTION OF
JUSTICE.
IT IS AN EMBEZZLEMENT OF
GOVERNMENT RECORDS.
IT IS A FRAUD ON THE UNITED
STATES THE WAY THAT THE FRAUD
STATUTES HAVE BEEN INTERPRETED.
SO THE FBI HAVE A VARIETY OF
BASES TO INVESTIGATE THIS, BUT I
THINK IT IS IMPERATIVE THAT THEY
DO AND AS ANY EXPERIENCED
PROSECUTOR WILL TELL YOU ABOUT A
LEAK INVESTIGATION, IT DOESN’T
GET BETTER AS TIME GOES ON.
YOU HAVE TO GET AT IT WHEN THE
CIRCLE IS SMALL.
LARRY: COUPLE THINGS I WANT TO
TALK ABOUT RETURN TO THE
UNDERLYING POLICIES, POTENTIAL
FOR BIG CHANGE OF POLICY, FIRST
OF ALL, IS IT SUFFICIENT FOR A
SUPREME OCCUR MARSHALL TO
INVESTIGATE?
SHOULD IT BE THE FBI WHO
INVESTIGATES?
DO WE TRUST THE FBI TO
INVESTIGATE AFTER ALL THAT HAS
GONE ON IN RECENT YEARS WITH
TRUMP COLLUSION AND HUNTER’S
LAPTOP THAT WENT RIGHT BY THE
FBI, ET CETERA, ET CETERA, WHAT
DO YOU THINK?
>> I THINK NUMBER ONE YOU
ENFORCE THE LAW WITH THE FBI YOU
HAVE, RIGHT.
WE HAVE TO ENFORCE THE LAW.
THEY ARE THE PREMIER LAW
ENFORCEMENT AGENCY.
THEY HAVEN’T DONE A GOOD JOB IN
SOME BIG HIGH-PROFILE CASES BUT
THEY’RE STILL THE FBI.
THEY STILL DO THIS BETTER THAN
ANY OTHER FEDERAL INVESTIGATIVE
FORCE.
AND AS FAR AS INSTITUTIONAL
CONFIDENCE IS CONCERNED, I THINK
IT WAS, IT WAS VERY BENEFICIAL
FOR THE CHIEF JUSTICE TO BRING
IN THE MARSHAL OF THE COURT.
IT SETS THE TONE THIS IS SAYING
THIS IS NOT GOING TO BE
TOLERATED BUT AS A MATTER OF
JUST LIKE WHAT YOU
INSTITUTIONALLY CAN DO, THE
COURT CAN’T INVESTIGATE THIS.
THE FBI HAS THE GRAND JURY.
THEY HAVE SUBPOENA POWER.
CONGRESS ALSO HAS SUBPOENA POWER
AND VERY HIGH INTEREST IN DOING
THIS AS WELL.
THEY JUST HAVE MORE TOOLS AT
THEIR DISPOSAL TO DO THIS THAN
THE COURT DOES.
LARRY: THEY FIND THE GUY OR
CABAL, A CRIMINAL OFFENSE YOU
RECKON?
>> I DO.
I THINK IT IS OBSTRUCTION OF
JUSTICE.
I THINK, REMEMBER, THESE PEOPLE
WHO WORK AT THE COURT, THE
JUSTICES THEMSELVES, THEIR
CLERKS, THE STAFF THAT SUPPORT,
THEY’RE GOVERNMENT EMPLOYEES.
THESE RECORDS THAT THEY HAVE,
EVEN THESE OPINIONS THAT THEY
EXCHANGE BETWEEN THEIR CHAMBERS,
THOSE ARE GOVERNMENT RECORDS.
THAT IS NOT THEIR PERSONAL
PROPERTY.
LARRY: YEAH.
>> YOU DO NOT HAVE A RIGHT TO
CONVERT YOUR, TO YOUR OWN USE
GOVERNMENT RECORDS.
SO THAT IS AN EMBEZZLEMENT.
NO REASON IT CAN’T BE
INVESTIGATED OF THAT UNDER
FEDERAL LAW.
LARRY: LET’S SHIFT GEARS.
WE KNOW IT IS JUST A DRAFT.
THINGS COULD CHANGE.
JUSTICES SUPPORTING IT COULD BE
DIFFERENT OR MOVE AWAY FROM IT,
BUT WHAT DO YOU THINK THE THRUST
OF WHAT ALITO’S POSITION IS?
>> FOR THOSE OF US WHO FOLLOWED
THIS ISSUE FOR HALF A CENTURY,
IT COULDN’T BE A BETTER RULING
AND WHEN I SAY THAT IT IS NOT
JUST AN OUTCOME.
I THINK IT’S IMPORTANT TO STRESS
THIS TO PEOPLE, LARRY, BECAUSE I
THINK THEY MISS THIS POINT.
PROGRESSIVE JUDGES WANT TO
IMPOSE AN OUTCOME ON YOU.
CONSERVATIVE JUSTICE,
CONSTITUTIONAL CONSERVATIVES
HAVE A MODEST IDEA OF WHAT THE
COURT IS SUPPOSED TO DO SO THAT
WHICH CAN DEMOCRATICALLY RULE
OURSELVES.
SO THE ISSUE IS, WHO GETS TO
DECIDE.
LARRY: RIGHT.
>> AND WHAT THE COURT, THE COURT
IS NOT COMING OUT AND SAYING NO
MORE ABORTIONS.
WHAT THEY’RE SAYING, NONE OF THE
COURT’S BUSINESS.
NOT SOMETHING THAT IS IN THE
CONSTITUTION.
LARRY: RIGHT THERE.
THAT IS SEW IMPORTANT.
I WAS ON EARLIER SHOW ON
FOX NEWS AND SPOKESPERSON FROM
PLANNED PARENTHOOD KEPT MAKING
THE CASE THIS WILL END
ABORTIONS.
NOW I UNDERSTAND PEOPLE MAY
DISAGREE WITH OUR PRO-LIFE VIEWS
AND SO FORTH.
>> RIGHT.
LARRY: AND PROTECTING THE LIFE
OF THE UNBORN BUT THAT IS
FACTUALLY NOT TRUE.
>> RIGHT.
LARRY: THIS, I WON’T SAY
DECISION, THIS DRAFT, THIS DRAFT
SUGGESTS, NO, JUST PUSH IT DOWN
TO THE LOCAL LEVEL.
LOCAL ELECTIONS, LOCAL AND STATE
LEGISLATURES.
THAT IS, BEDROCK TRUE?
>> THAT IS BEDROCK TRUE AND I
WAS REALLY STRUCK WHEN YOU WERE
MAKING YOUR OPENING REMARKS WHEN
YOU TALKED ABOUT THE POLLING ON
ALL OF THIS.
LARRY: YES.
>> BECAUSE JUSTICE ALITO IN HIS
OPINION MAKES THE POINT THAT AT
THE TIME ROE WAS DECIDED, ABOUT
30 STATES OUTLAWED ABORTION AND
ABOUT 20 STATES ALLOWED IT WITH
VARIOUS RESTRICTIONS.
IF THE COURT HAD JUST STAYED OUT
OF THE WAY AND ALLOWED THIS IN A
NORMAL WAY TO BE RESOLVED
DEMOCRATICALLY, WHAT YOU WOULD
HAVE IS, A NUMBER OF STATES
WOULD BE FAIRLY LAX ON ABORTION.
A NUMBER WOULD BE VERY HIGH
RESTRICTIONS AND EVERYBODY ELSE
WOULD BE SOMEWHERE IN THE MIDDLE
AND IT WOULDN’T HAVE DESTROYED
THE JUDICIAL CONFIRMATION
PROCESS.
IT WOULDN’T HAVE DESTROYED OUR
POLITICS THE WAY THAT IT
DESTROYED.
ROE HAS BEEN BAD FOR THE COUNTRY
IN EVERY WAY, PRESIDENT BIDEN
APPARENTLY ACCORDING TO OUR
PETER DOOCY SAYS THAT THIS WILL
INTERFERE WITH ALL OF OUR
PRIVATE LIVES.
>> MY RECOMMENDATION, MY
RECOMMENDATION, HE SHOULD READ
THE OPINION.
LARRY: [LAUGHTER].
OH, NO, DON’T DO THAT.
>> HE EVIDENTLY, I GUESS HE HAD
SAME OLD HABITS HE HAD ON THE
JUDICIARY COMMITTEE.
BUT HE DIDN’T READ THE OPINION
WHICH VERY CAREFULLY
DISTINGUISHES ABORTION CASES
FROM THE OTHER JURISPRUDENCE HE
IS TALKING ABOUT.
MAYBE YOU OUGHT TO TAKE A DAY TO
PHAM AIZE HIMSELF.
LARRY: LAST ONE QUICKLY.
EVERYONE SCREAMING AT ME.
TOO FUN TO TALK TO YOU LIKE
THIS.
WHY NOW?
WHY DO YOU THINK THE LEAK
OCCURRED NOW.
THE OPINION WAS WRITTEN LAST
WINTER.
THE DECISION IS EXPECTED THIS
SUMMER.
DO YOU HAVE A THOUGHT?
>> I HAVE A SINISTER THEORY
ABOUT, IT IS THIS.
I THOUGHT, LARRY WE KNOW THIS
DAY COULD HAVE BEEN COMING IN
JUNE.
I THINK WHAT PEOPLE WILL REALIZE
ALL THIS TALK ABOUT THE SKY IS
FALLING AND IT WILL BE TERRIBLE
IF THEY OVERRULE ROE, THE DAY
AFTER THEY OVERRULE ROE, THEY
WILL REALIZE LIFE IS PRETTY MUCH
THE SAME.
WOMEN IN AMERICA CAN GET
ABORTIONS.
I THINK THEY WANT TO GET THIS
OUT EARLY, THIS IS THE TIME TO
WHIP UP THE BASE AND FUND RAISE,
TO TRY TO GET SOME FOOTING GOING
INTO THE MIDTERMS BECAUSE ONCE
THEY DECIDE THIS, ESPECIALLY IF
IT COMES OUT THE WAY JUSTICE
ALITO’S OPINION IS, PEOPLE WILL
REALIZE IT IS NOT THE END OF THE
WORLD.
LARRY: WHAT IS SO DANGEROUS
ABOUT THIS, YOU AND I TOTALLY
AGREE, TOTALLY AGREE, TWO OLD,