Fox News Contributor Says Trump May 'Talk Himself Into' Criminal Charges

A contributor appearing on Fox News on Saturday said that Donald Trump's continued attacks against federal authorities could make the possibility of criminal charges more likely.

Andy McCarthy, a Fox contributor and contributing editor for the National Review, appeared on Your World with Neil Cavuto to discuss the FBI investigation into the former president and his handling of classified government documents that he allegedly took from the White House. Earlier this month, the FBI raided the ex-president's Florida residence at Mar-a-Lago with the approval of Attorney General Merrick Garland. McCarthy initially put forward the theory that the federal agency might not be trying to seek a criminal case against Trump.

"You do searches at the end of an investigation and that's why you never have this issue of releasing an affidavit in the middle of [it], while the FBI is trying to gather evidence," McCarthy said. "The only way it makes sense to me that they're fighting so hard to avoid disclosing the information—because information in these kinds of affidavits typically gets disclosed eventually in a criminal case—the only reason it makes sense to fight over it is if you hope that you'll never have to disclose it, which argues toward not prosecuting him."

McCarthy continued, saying that despite the hesitance of the FBI and Department of Justice (DOJ), Trump's continued attacks against them could still lead them to pursue criminal charges against him. Since the FBI search of Mar-a-Lago, Trump has been accused of stoking unrest among his followers against federal law enforcement, with his rhetoric being tied to several attempted attacks on FBI buildings.

trump fox news criminal charges
Above, Donald Trump appears at an official event in 2019. A Fox News contributor on Saturday said that the former president could inadvertently "talk himself into" criminal charges. Tolga Akmen/AFP via Getty Images

"If he wants to keep berating the Justice Department and the FBI, he could talk himself into being charged because they could go to [Attorney General Merrick] Garland and say, 'you know, look, he's castigating us and the only way that we can get our reputations back and show the public what really happened here is to have a public trial,' whereas I don't really think that's where this is headed," McCarthy added.

An FBI affidavit linked to the search of Mar-a-Lago was unsealed by a Florida magistrate judge on Friday, revealing new information about the potential case against Trump. The document revealed that agents found over 100 pieces of classified material at the resort, with the security surrounding them also considered to be inadequate. It also revealed that authorities were concerned that some of the material Trump had related to human intelligence sources.

The ex-president has repeatedly denied any wrongdoing, and accused the FBI of corruption, although the federal agency is currently led by Director Christopher Wray, a Republican whom Trump nominated to the position. The former president also said that the FBI search was part of a broader partisan "witch hunt" targeting him and his family.

Newsweek reached out to Trump's office for comment.