Hunter Biden not likely to testify in gun trial

Hunter Biden not likely to testify in gun trial

Fox News contributor Andy McCarthy joined ‘America’s Newsroom’ to discuss his reaction to the latest development in the gun case and why he believes it’s a ‘smart move.’ #FoxNews

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Thank you John let's bring in Andy McCarthy because we you know if it's a Monday we got more trials to talk about Today is Hunter Biden with this decision It indicates that that Hunter Biden will Not take the stand I don't think that Would be a surprise to you but you know His lawyers had really presented this Quite a Bravado uh going into this case But it is unlikely he'll testify do you Think that's a good Decision it is a good decision Dana I Think looking at his potential Sentencing guidelines it looks to me Like even if he gets convicted here he's Got a good chance of avoiding a prison Sentence that calculation can change if A defendant takes the stand gives a Version of events that the jury Obviously rejects especially if what we Just heard is true that the government Would come back with rebuttal Witnesses And the consequences of that under the Sentencing guidelines would be to add Additional points to Computing his Offense level as it's called the Guidelines which would lean closer Toward a prison sentence so I think this Is a smart move so uh they took the Weekend to decide what to do and the way That I looked at this on Friday was uh Jonathan Turley other folks have talked About this idea of jury nullification That you have members of the jury who

Know somebody who is addicted to drugs Or alcohol at at one point and that if Hunter Biden were to testify he could Potentially present a very sympathetic Character that the jury might look at And have sympathy for and say you know What let let's not convict him on this But what what do you think the decision Tree was over the weekend as to whether Or not to have him Testify I I don't disagree with that Analysis John I think that they may feel Like they accomplished that with calling His daughter last week I think factually In terms of the evidence in the case That was not a great strategic decision But if you what you're trying to do is Jin up sympathy for Hunter I think his Daughter's testimony may have done just That um my own view of it is of course They're trying for a Nullification uh decision from the jury But I think they're also trying to tee Up their appeal what they want to show Because the Second Amendment is a very Live issue in the uh in the appell at Courts on the federal level and I think What they're trying to show is that his Kind of uh cocaine use was more like um Alcohol abuse than mental illness Because in this country there's not much Uh history for regulating drug use in Terms of gun possession but there's a Lot of history of uh taking rights away

Including gun rights away from people Who were adjudicated to be incompetent So they're trying to set this up this is Why the stress on the fact that no one Can say he was using Uh crack with certainty in the days Around the time that he purchased the Gun that's where they're going I Think Andy listen to President Biden Last week uh he did an interview with David mu of ABC News and he was asked if He would pardon his Son as we sit here in Normandy uh your Son Hunter is on trial and I know that You cannot speak about an ongoing uh Federal Prosecution but let me ask you will you Accept the jury's outcome their verdict No matter what it is yes and have you Ruled out a pardon for your son Yes all right and to give you a final Word on that Revelation he says he's not Going to Pardon Him and I believe he won't right up to Election day you know that's there's Nothing enforcable about what he just Said that's about as enforceable as Saying I can't do anything about the Border because Congress won't pass the Legislation and then don't pass the Legislation and he issues this cockamamy Uh order that he did about a week ago It's not enforceable but I think it's The position he has to take Dana in the

Run up to the election he he also didn't Say he wouldn't Comm thank you so all Right thanks Andy it's true thank you I'm Steve duy I'm Brian kilme and I'm Angley aart and click here to subscribe To the Fox News YouTube page to catch Our hottest interviews and most Compelling analysis

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