Writing for Fox News, McCarthy suggested "if we may read the tea leaves" that Merchan will likely deny the immunity appeal from Trump's legal team.
"He said he plans to rule on Trump's immunity claim by Aug. 16," added McCarthy.
The former president's lawyers argued that evidence presented during the hush money trial, such as tweets and other communications, could be examples of official acts which the Supreme Court said Trump cannot be prosecuted over or be used as evidence.
"Merchan has already decided that he will deny Trump's immunity motion. There is, moreover, a high likelihood that he will impose a prison sentence against Trump right after that," McCarthy said.
"The New York prosecution of Trump was politics, not justice. That's why we call it 'lawfare.' The prosecutors and judge are not concerned about whether convictions ultimately get thrown out on appeal. "And it's not like Merchan is actually going to put Trump in prison; it is virtually certain that Trump will get bail pending appeal, so Merchan can appear to impose a stiff incarceration sentence without any real incarceration—at least for now, and probably ever," he added.
McCarthy said that the "objective" from Merchan is to help Harris, Trump's 2024 Democratic rival, refer to the
Republican as "a convicted felon sentenced to prison" from September 18, a time when "Americans will already have started voting in many states, not least the potentially
decisive Pennsylvania battleground."
"Prepare for Merchan to deny Trump's immunity claim ... and strap in for sentencing on Sept. 18," McCarthy wrote.