With the trial of former Clinton campaign lawyer Michael Sussmann underway, Fox News contributor Andrew McCarthy told "The Brian Kilmeade Show" on Tuesday that the biggest problem for Special Counsel John Durham's team will be the jury.

MICHAEL SUSSMANN'S TRIAL TO BEGIN IN FIRST CASE BROUGHT BY SPECIAL COUNSEL JOHN DURHAM

ANDREW MCCARTHY: Brian, they have to get 12 people and it's Washington, which is like the most political town in the country. So hopefully the judge, as you point out, they've not only, you know, have jury selection, they've got a jury. They're actually starting with the opening statements and the evidence, probably as we're speaking now. But the jury, to my mind, is the biggest problem for Durham… He had no choice. He had to bring it in Washington because the alleged false statement was in Washington. But, you know, it's not as I've said before, he's the government's lawyer, Durham, but this is not a home game for him in Washington.

I was impressed that they got a jury in one day. So I think the judge is going to move it along. He's not going to let them prove the full sweep of the big scheme. That's the kind of framework for all this. He's going to try to keep them narrow to the full statement. So I think we could be done inside of two weeks. And I think Durham's biggest problem from beginning to end is that Washington jury. That's what I'd be really worried about.

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