Former federal prosecutor Andrew McCarthy believes President Barack Obama would likely face prosecution over the troubled Affordable Care Act if he was a private citizen.
"You can't have a more profound breach of fiduciary trust than an American president who takes an oath to take care that the laws be faithfully executed and looks the American people in the eye and knowingly, repeatedly, lies to them about a scheme like Obamacare," McCarthy told "The Steve Malzberg Show" on Newsmax TV.
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"It's about as black and white as it gets ... Deceit is the main element of it and we have deceit here in spades ... The Justice Department prosecutes a lot of fraudulent schemes that are a lot less black and white than this one, a lot more oblique than this one, and, certainly, that do a lot less damage than this one has done."
MCarthy — who led the prosecution against Sheik Omar Abdel Rahman and 11 others for the 1993 bombing of the World Trade Center — called the Affordable Care Act a "terrible, terrible deception."
"[The president] lied about it not just a couple of times but systematically, and it's not a lie that was idle. All they ever wanted to do was get two things really: Get this thing on the books and get him re-elected," McCarthy said.
He believes with the president's latest salvo — a one-year extension that would allow people to keep their existing insurance — the Democrats have become desperate and ripe for bargaining.
"With each day that this becomes more of a catastrophe, they become more desperate. That's the time to drive a hard bargain," McCarthy said.
"The people don't like this bill and every day they like it less. Obama, every time he opens his mouth, is hurting his cause because people have figured him out now. They know he's fraudulent."
McCarthy, now a National Review columnist, urged GOP lawmakers to stand tough.
"[Republicans] ought to be driving a hard bargain, repeal it and if you can't get repeal, the next thing is defund and then if you can't get defund, it's delay,'' he recommended.
"But get the thing scrapped and don't give them a lifeline that allows them to basically get through the next election cycle and then we are in the same catastrophic place again."
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