Former Assistant U.S. Attorney Andy McCarthy tore into New York Attorney General Letitia James' lawsuit filed against former President Trump on The Brian Kilmeade Show Thursday, noting that prosecutors have already pored over Trump's financial records with little success at finding serious wrongoing. 

"This is not exactly the Bernie Madoff case. There's no victims here," McCarthy said. "Every prosecutor and prosecutors crawled through Trump's financial records for three years. Federal prosecutors."

McCarthy went on to criticize James' statement that she would refer her complaint to the Justice Department, saying the agency initially had the case.

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Letitia James

New York Attorney General Letitia James, center, accompanied by Buffalo Mayor Byron Brown, left, New York Gov. Kathy Hochul, right, and other officials, speaks with members of the media during a news conference near the scene of a shooting at a supermarket, in Buffalo, N.Y., Sunday, May 15, 2022.  ((AP Photo/Matt Rourke))

"They looked at it very hard. They decided that Michael Cohen was not a promising foundation to build a fraud case on," he added. 

"The Manhattan district attorney, Cyrus Vance, did a kind of Captain Ahab quest for Trump's financial records, went up to the Supreme Court twice to finally get them, and when they got them, they realized there wasn't a case there."

McCarthy then pointed to Allen Weisselberg, former chief financial officer of the Trump Organization, who pled guilty to 15 counts of tax fraud last month. McCarthy claims the Trump affiliate will not see much jail time for the offenses.

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Donald Trump

Former U.S. President Donald Trump speaks at the Conservative Political Action Conference (CPAC) at the Hilton Anatole on August 06, 2022 in Dallas, Texas. CPAC began in 1974, and is a conference that brings together and hosts conservative organizations, activists, and world leaders in discussing current events and future political agendas.  (Brandon Bell/Getty Images)

"What they don't tell you is he's going to do all of 100 days in jail. It's penny ante stuff, and it's the same stuff that they're using next month to have a trial against the Trump Organization on the same minor tax stuff…

"Again, they were really trying to make a case on Trump and his children, and they couldn't," he said.

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McCarthy said he believes the case will never go to trial, pointing to James' record of allegedly frivolous legal pursuits.

"Letitia James does this all the time. She did the same thing with Cuomo. She does this long investigation, she figures out a way to dump the investigation into the public record because she's got her eyes on his job [and] she dumps out a bunch of stuff that she was never able to prove…" he added.