WATCH: Fox Legal Analyst Andy McCarthy Argues Jan. 6 Committee Finding That Trump is the ‘Central Cause’ of Attack Conflicts With DOJ’s Stance

Fox News legal analyst Andy McCarthy argued on Thursday that the House committee investigating the Jan. 6 attack at the U.S. Capitol conflicts with the Department of Justice as to how the far-right group the Oath Keepers should be treated.

During a break during the committee’s meeting on Thursday, McCarthy said:

Well, I think the interesting thing … and this goes to your point about how everybody seems to be of one mind on this committee. Very interestingly we heard a lot about the oath keepers. But what we did not hear, a few blocks away from where this hearing is taking place, there is a seditious conspiracy trial of the Oath Keepers, which is ongoing. And I think the reason [you’re] not hearing about that trial is that the Justice Department has a theory of seditious conspiracy, which is completely the opposite the premise the committee is working from.

According to the committee, from Liz Cheney at the beginning and Adam Kinzinger at the end, Trump is the center of everything, the be all and end all of the conspiracy. If you go down to where they are trying the case against the Oath Keepers, Donald Trump is not the center of the storm. He’s a passing cloud. He’s a tangential figure. Their theory in the courthouse is that the Oath Keepers were planning to make war against the United States, use force against the government, which is what the seditious conspiracy charge is, and that Donald Trump was just a pretext for them to do what they were planning to do anyway. And the reason for that is clear. To say that you’re making war against the United States, it would be very difficult.

“So the Justice Department’s incentive is to keep Trump on the sidelines and make him a completely tangential issue, whereas when you go to Capitol Hill where this is a very political body conducting what’s not really a traditional investigation, they want to make Trump the center of the universe,” he added. “So they are only 3 or 4 blocks away but different view of seditious conspiracy depending on where you go.”

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