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Fox News’ Andy McCarthy characterized the Trump administration’s case against former FBI Director James Comey as “a mess” on Sunday.

Anchor Jacqui Heinrich broached the topic by noting that “on Thursday, federal prosecutors filed a notice correcting the record to say that all jurors reviewed their final, revised document, although it doesn’t say that Lindsay Halligan herself presented it to the grand jury. But this was after Halligan told a judge that not everyone was privy to the final paperwork displaying his charges.”

“Break this down for us,” she instructed McCarthy. “Is it really that bad, or is this being overblown?”

“It’s pretty bad. I don’t know that this particular problem is make-or-break, except it’s kind of convincing the court that the prosecutors are in disarray, which is never good for your case. But I still think the bottom line problem with the case is that the charge itself is incoherent. And I think they may lose on the face of the indictment,” replied McCarthy. “Like, did it adequately put Comey on notice of what he was being accused of? And I think there’s a lot of public misunderstanding about this because there are a number of things to be upset about the way that Comey ran the FBI, but those things are not really, you know, they don’t really interact with this particular indictment, which is kind of a mess.”

“And then if it doesn’t go the way that the administration, the DOJ wants, the statute of limitations would have run out, at least that’s what Comey’s lawyers are arguing. Is that right?” followed up Heinrich.

“Yeah, well, it depends on why it gets thrown out. There’s a statute that basically says if you indict in time, and they did barely, that if the case gets thrown out, the government gets six more months to re-indict. But if the nature of the way that the case is thrown out is that the court finds that there was no indictment in the first place because they didn’t dot their i’s and cross their t’s, then the statute of limitations may be blown. So it’s going to really depend on why it gets throw out,” answered the former federal prosecutor.