MEGYN KELLY, FOX NEWS HOST: Half the country thinks the president knowingly lied when he promised you could keep your health care plan if you like it, period. Four in ten believe he just didn't know that this pledge would be broken. And consider this, 55 percent of solid majority of the American people say this administration has tried to deceive the public about the health care law. And the big picture number, nearly nine in 10 people, 86 percent say, elected officials in Washington are adding to the country's problems, not solving them.
Andrew McCarthy is a former federal prosecutor, best known for putting away the terrorists behind the 1993 World Trade Center bombings and he just wrote a column for National Review online talking about the president's broken promises. And coming right out in this piece, Andy and saying that Barack Obama is guilty of fraud, serial fraud.
ANDREW MCCARTHY, FORMER FEDERAL PROSECUTOR: Right. Serial fraud.
KELLY: Explain it.
MCCARTHY: Far more serious than people who routinely get prosecuted by the Justice Department. Just the lie about if you like your plan, you can keep your plan which basically just scratches the surface of the fraud here was repeated systemically and numerous times years after we can prove that he knew what he was saying was not true. We have millions of victims. They've been untold billions of losses here. And if you look at what the U.S. attorneys guidelines say about prosecuting fraud cases, they talk about frauds of big classes of people, like people who are the in the market for purchasing insurance on your own rather than getting it through your work.
Or frauds on the entire American people. And if ever there has been a fraud on the entire American people it's this one. And I would say Megyn, this business about you want your plan you keep your plan is just the beginning of it. Remember, he promised premiums would go down 2,500. Premiums are skyrocketing everywhere. They knew that. He told the American people there would be no taxes. He actually scolded George Stephanopoulos for suggesting that ObamaCare was a tax. And then his lawyers went into the Supreme Court and argued that the plan should be upheld because it is a tax.
KELLY: Successfully argued.
MCCARTHY: Right. So, we are not talking about -- we are talking about serial fraud on multiple levels. And multiple different misrepresentations.
KELLY: If this was a CEO of an insurance company who had gone out there and done this to the American people, what would you have done as a former federal prosecutor?
MCCARTHY: He would be prosecuted in a heartbeat. And the Justice Department prosecutes for, you know, frauds that are a lot more oblique than this one is. I mean, this one is a pretty "in your face," almost a crude fraud if you think about the misrepresentations.
KELLY: If you can prosecute somebody for material misstatement, you can also prosecute them for a material omission. So, if there was something he should have disclosed but didn't. But this is all an exercise in just, you know, theoretical discussion. Because nobody is going to indict the president of the United States. What is the remedy? If people believe as this polls tonight suggests they do, that they've been intentionally lied to by the president of the United States, what is the remedy?
MCCARTHY: Well, look, the remedy the framers gave us for reigning in executive excess especially if it's gets abusive is impeachment. Now impeachment is a political remedy, it's not a legal remedy. So, even if you can prove high crimes and misdemeanors and I don't think there would be any problem after we proving them, it doesn't even make sense to have that discussion until there is a political appetite in the country to actually remove the president. I don't think we are anywhere close to there at this point. However, this is a big, scandalous scheme. And the more you look at it, the more systemic dishonesty is just rife all the way through it.
KELLY: People short of, you know, pushing for impeachment vote at the ballot box. And that's why we are seeing some of the Democrats starting to jump ship on this issue. Andy McCarthy, good to see you.
MCCARTHY: Good to see you, Megyn.
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