In a sharp and unflinching interview on Chicago’s Morning Answer, former federal prosecutor Andy McCarthy condemned the media’s role in covering up President Joe Biden’s cognitive and physical decline, arguing that leading journalists acted less like reporters and more like defenders of political power. He also offered insight into the federal charges facing a Milwaukee judge accused of obstructing immigration enforcement, and the ongoing legal battles surrounding Trump’s use of the Alien Enemies Act.
McCarthy’s criticism comes amid a flood of revelations—some now being published by CNN’s Jake Tapper and Axios’ Alex Thompson—detailing the extent to which White House aides and even Cabinet members were kept in the dark about Biden’s health. The former prosecutor said the media didn’t just fail in its watchdog role, but actively attacked anyone who raised legitimate concerns about the president’s capacity.
Media-Democrat Complex: McCarthy Says Journalists Led the Cover-Up
“I used to call it the Democrat-media alliance,” McCarthy said, “but I’ve come to think I had it backwards. The media is the mothership. The party is just an extension of the progressive media complex.”
He blasted Tapper and others for pretending they were misled by a mysterious “inner circle,” even as they invited surrogates like Antony Blinken and Alejandro Mayorkas on-air to give glowing assessments of Biden’s acuity. McCarthy rejected the idea that these journalists were “duped,” saying instead they were complicit—and are now scrambling to rewrite history.
“If you were actually duped, then why are you competent to report on anything?” McCarthy asked. “They attacked anyone who noticed what was obvious to everyone.”
He pointed out that the same reporters who now claim to be victims of disinformation needed no corroboration when publishing unverified stories about Donald Trump during the Russia collusion investigation.
On Judge Hannah Dugan: A Federalism Battle Disguised as a Legal One
Turning to the arrest of Milwaukee County Judge Hannah Dugan, McCarthy acknowledged that while her actions—allegedly helping an illegal immigrant evade ICE agents—appear to violate the law, she may still have a viable legal defense.
Dugan is charged with felony obstruction and concealing a person to prevent arrest. McCarthy said ICE agents had an administrative warrant to detain a repeat immigration violator facing domestic violence charges. Rather than allow them to make the arrest, Dugan allegedly redirected the agents to court administration while she facilitated the defendant’s exit through another door.
“She took affirmative steps to impede the arrest,” McCarthy noted. “But her likely defense will be that the federal agents were improperly using a state courthouse to enforce federal law in a city that has sanctuary policies.”
He cautioned that such a case could be difficult to win in Milwaukee, a city with a strong progressive legal culture. “It’s not a good place for the Trump DOJ to be litigating this,” he said.
Congress Members Obstructing ICE? No Legal Gray Area There
While Judge Dugan may have a complex legal argument rooted in federalism, McCarthy was unequivocal in his condemnation of the actions of Congresswoman Imani Oakley-McGyver and Newark Mayor Ras Baraka, who allegedly interfered with ICE operations at a federal detention facility last weekend.
“Congress members obstructing federal agents on federal property have no excuse,” he said. “This isn’t a murky issue of federalism. They’re not acting in an official capacity, and they are interfering with the lawful execution of immigration laws.”
McCarthy added that the facility in question—targeted by protesters as Trump’s “gulag”—has been in use since the Obama administration without objection. “It’s clearly political theater, but it’s also a serious interference with federal law enforcement.”
Trump’s Deportation Plan: Alien Enemies Act or Standard Immigration Law?
Asked about the federal judge in Pennsylvania who recently upheld Trump’s use of the Alien Enemies Act to deport known gang members and cartel affiliates, McCarthy expressed skepticism that the law would hold up under Supreme Court scrutiny.
He argued that Trump may be better off simply using existing immigration statutes that already allow for expedited removal of foreign nationals affiliated with designated terrorist organizations like MS-13 and Tren de Aragua.
“There’s law to the effect that courts won’t second-guess the State Department’s terror designations,” he said. “If that’s the case, the only issue becomes whether a detainee is a member of the organization. It’s a cleaner path than litigating the Alien Enemies Act.”
A Final Warning: Detention Capacity is Key
McCarthy closed with a warning that while U.S. immigration laws are sound, the real issue is enforcement capacity. With an estimated 20 million illegal immigrants in the country and fewer than 48,000 funded detention beds, Trump—or any administration—must invest in infrastructure to make deportations feasible.
“Detention space is the bottleneck,” he said. “Even with expedited proceedings, it takes time. And without the capacity to detain, there is no enforcement.”
As the 2024 election aftermath continues to unfold with recriminations, investigations, and legal showdowns, McCarthy’s message was clear: truth matters, and no one—including judges or journalists—is above scrutiny.
Andy McCarthy is a former Chief Assistant U.S. Attorney and contributing editor at National Review. He is the author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.