Hunter Biden's case is getting juicy! Kamala Harris joins Jimmy Kimmel to discuss what she thinks of President Joe Biden's decision to speak publicly about his son's gun possession trial. And Viva Friese and Phil Holloway break down the evidence against Hunter Biden.
00:00:00.540Welcome to The Megyn Kelly Show, live on Sirius XM Channel 111 every weekday at noon east.
00:00:12.400Hey everyone, I'm Megyn Kelly. Welcome to The Megyn Kelly Show.
00:00:15.380My God, the show we have for you today. Stay tuned.
00:00:19.340The Vice President of the United States has decided to weigh in on Trump's conviction last week.
00:00:26.060The White House has been so careful. Joe Biden only said convicted felon behind closed doors.
00:00:32.300Then boom, Kamala Harris goes on with Jimmy Kimmel and drops a bomb saying this is what happens when you're a cheater.
00:00:42.940He's a cheater. This is going to play in, I'm going to play it for you in a second, perfectly to what's happening right now with Hunter Biden.
00:00:52.860All right. There's a lot to discuss in the Hunter Biden case. I'm actually finding it really interesting.
00:00:57.600I have to be honest, like up until now, not so much. But now that the prosecution is putting it on its case, it's getting very juicy.
00:01:03.840And let me show you what I have here for the for the listening audience.
00:01:07.500It is a 75 page exhibit to the viewing audience can see I've got all my purple tabs on there because I'm going to walk you through his text messages.
00:01:16.080This guy who's now claiming he wasn't addicted in October of 18 when he bought the gun.
00:01:21.620OK, wait until you hear his texts. You'll decide for yourselves whether he's got any defense here.
00:01:30.260All right. So let me just get you up to speed overall before we get into the specifics here.
00:01:33.380However, the jury is sitting and hearing the trial of President Joe Biden's son this week.
00:01:40.020He is accused of having lied on his gun application form and of having possessed the gun illegally because he was an active user or an addict at the time.
00:01:50.280And thanks to the audio book of his own memoir.
00:01:54.000Remember, we talked about this when he released it, saying this is not going to be good for him.
00:01:57.420He's potentially facing charges and this won't be good.
00:02:00.020Well, it's it's not good. It's one of the linchpins of the prosecution's case against him.
00:02:04.860And we're going to bring you some of it today.
00:02:07.200They are being introduced to the evidence.
00:02:10.200And this is what I really want to get to.
00:02:11.980The so-called laptop from hell, which we heard for so long was just Russian disinformation.
00:02:19.660Really? It was just introduced by the government.
00:02:24.300You think about the role this thing played in the 2020 election, this laptop and the role that this administration and their media enablers and these former Intel officials all played to make sure that we dismissed that thing.
00:02:48.960And now the government is standing up in court, representing to a jury through testimony and argument that it is Hunter Biden's, that they've known it for a long, long time.
00:03:00.420And not just the FBI or the IRS whistleblowers.
00:03:03.720We already heard this story from them.
00:03:05.280This is the actual FBI on the stand under oath saying, yeah, we knew we knew all along.
00:03:13.460We're going to get into all of this today with Viva Frye, he's a former litigator and Rumble creator, and Phil Holloway, legal analyst and host of Inside the Law on YouTube.
00:03:24.980Viva and Phil, so happy you guys are here.
00:03:27.200You guys are the perfect panel to go over what's happening.
00:03:30.540Let's kick it off with that Kamala Harris thought on with Jimmy Kimmel last night.
00:04:10.820They said it wasn't a political persecution.
00:04:13.460And then they hold a press conference and bring Robert De Niro to endorse President Biden or Joe Biden outside the courthouse.
00:04:20.760I would have asked Kamala Harris if she could even identify what the predicate crimes were that bumped this otherwise misdemeanor prescribed charge into a 34 count felony.
00:04:31.920And now they're going around doing the rounds on Jimmy Kimmel.
00:04:34.940This is nothing shy of the most insidious propaganda ever.
00:04:39.260Jimmy Kimmel, the man who wanted to let Wheezy die because he wasn't getting the jab, is now hosting Kamala Harris, who is politicizing this political persecution.
00:04:51.960Alex Soros, I don't know if you saw this, took to Twitter to say the strategy out loud.
00:04:56.380Keep repeating convicted felon because that's all they wanted.
00:04:59.180This will get overturned on appeal if there's any justice system left in America.
00:05:03.000But for the time being, they're going to run with their convicted felon for the election interference that this always was from the get go.
00:05:08.320So, Phil, for this campaign, for this, I mean, for this woman who came to office in part thanks to this BS denial of what was on the Hunter Biden laptop, right?
00:05:24.360As soon as that thing broke, showing evidence of Joe Biden's corruption, I mean, through his son for years and the administration worked with the media and with these intel officials to suppress that thing immediately, costing President Trump real and actual votes.
00:05:43.420We know that from the polls that were done after the fact to get up there and lament how people who cheat to win get upset when they get caught is rich.
00:05:54.880Well, she's obviously speaking to the low information voter, especially when you've got these canned talking points, Megan, where they're talking about, oh, he's a convicted felon.
00:06:07.200He had a jury of his peers and all this stuff.
00:06:09.880Listen, if juries always got it right, we wouldn't need appeals courts now, would we?
00:06:14.580And by the same token, juries are only as good as the information that they get fed.
00:06:20.040And who's in charge of feeding them information?
00:06:22.100You got the likes of Alvin Bragg, who can't even articulate what the crime is that he's charging.
00:06:28.240And you've got Judge Mershon, who has shown at every turn how he only is interested in one thing, and that is getting Trump as well.
00:06:38.020So Mershon, Bragg, the Manhattan jury, they're all on the same team, which is get Trump.
00:06:43.960Well, now that they've had a jury verdict, and by the way, it's not a jury of Donald Trump's peers, not under any stretch of the imagination.
00:06:51.880But now that they've got that, they've got their talking points.
00:06:54.500And what you see from the vice president to other politicians in Washington and those in the media, convicted felon, convicted felon, convicted felon.
00:07:02.580And you're going to hear that for the duration of the campaign.
00:07:05.820And once there's a sentencing, we might hear incarcerated or probationer or things like that or house arrest or whatever the judge comes up with.
00:07:14.720Those are the things that they're going to be drum beating all the way to November.
00:07:37.340The amazing moment, because I know you guys, and I know you in particular, Viva, covered the whole laptop from hell suppression quite extensively.
00:07:48.100And to see now what happened in the court yesterday, this federal witness, her name is FBI Special Agent Erica Jensen.
00:07:57.500She was used by the prosecution, all right?
00:08:00.740This is the government, Special Counsel Weiss, getting up there to verify that that laptop is indeed Hunter Biden's.
00:08:10.240And they went through all the facts, all right?
00:08:13.200The federal prosecutor, Derek Hines, questioned Erica Jensen, FBI Special Agent, on the laptop, and exactly how federal investigators verified its data.
00:08:24.520And let me just give you a couple of key facts.
00:08:26.340By the way, follow National Review's James Lynch for good coverage of the Hunter trial.
00:08:32.040I'm going here off of his report and my own reporting on the side.
00:09:07.320And they went through exactly how they figured it out, that they cross-referenced Hunter Biden's iCloud storage accounts with the computer's serial number.
00:09:15.940This is all testified to by the FBI agent, okay?
00:09:18.980Again, by December of 2019, when did the New York Post report come out about the Hunter Biden laptop and its explosive contents?
00:09:35.440At that time, the FBI not only had the laptop, they had verified beyond measure that it was Hunter Biden's to the point where they could testify to it in a court of law.
00:09:48.680And yet, we had the 51 former intelligence agencies come out on that same date, October 19th, 2020, to say, this is the headline on Politico, Hunter Biden's story is Russian disinfo, according to these people.
00:10:10.860They, all these people who signed this letter, Viva, these are former intel officials.
00:10:16.240These are former CIA, former FBI, former NSA.
00:10:19.040They, you're going to tell me not one called a person at the FBI to say, have you guys gotten wind of this?
00:10:26.060This, I know we know this, but it's extraordinary to see the FBI now saying it openly that it was his, they knew it was his, and they knew it at the time the New York Post story hit.
00:10:35.660And yet, John Brennan and all the others came out and said, disinformation, and you've got the person they were trying to help, Kamala Harris and her boss, Joe Biden.
00:10:48.080But she's speaking for them saying, cheaters get upset when they get caught.
00:10:54.640Megan, it's even more insidious because those 51 intelligence officers, former and present, whatever, they didn't say it was Russian disinformation.
00:11:02.040They said it bore the earmarks or bore the hallmarks of Russian disinformation, which allows them to say, we never said anything factually incorrect.
00:11:10.840It was accurate, but it bore the earmarks of Russian disinformation.
00:11:14.980You want to talk about actual election interference.
00:11:19.600It is intelligence lying to the public during an election cycle, pressuring social media to suppress the story that they know is true while, you know, cloaking the lie in something that is semantically ambiguous.
00:11:33.220Its actual election interference, the ultimate irony in all of this, I have this idea like a sitcom, that it's about an abused son and daughter of a former president, of a vice president to be president, who hate their dad so much because of the childhood abuse that they endured, that they try to sabotage his presidency or, you know, climb into the presidency at every turn that he can do.
00:11:53.600So they leave the laptop with incriminating, the most incriminating stuff ever, but intelligence foils the plan.
00:12:00.260The daughter leaves her diary somewhere, but intelligence comes in and says it's fake.
00:12:04.720And these kids who are trying to sabotage their father because they hate him can't get away with it because of the corruption of the system.
00:12:10.280This is, I mean, it's third world Eastern European.
00:12:14.640Everybody knew that it was accurate while they were lying about it in order to impact the outcome of an election.
00:12:19.720And I had Garrett Ziegler on the guy who wrote the Marco Polo manual breaking down this computer.
00:12:26.520It contains stuff which, if it were anybody else, they'd be in jail already for a long time because although there is arguably but not arguably not minor stuff on that computer, there is sufficient evidence to support, at the very least, charges or potential charges for cross-state sex trafficking.
00:13:15.360Just to pick up on something you just said, because you're right, those 50, 51 intelligence agencies, the headline said Hunter Biden's story is Russian disinfo.
00:13:24.720That was from Politico and Natasha Bertrand, who is among the worst, if not the worst, and just reprinting propaganda being handed to her to hurt Trump and help Biden.
00:13:35.020Glenn Greenwald goes off on her all the time.
00:13:38.500But she's the one that's this is her story.
00:13:41.480But if you read the body of their letter, they're dancing all around it.
00:14:04.020But quoting here, they talk about what's in the letter, has quote that they concluded, has all the classic earmarks of a Russian of a Russian information operation, that their experience in intel has made them deeply suspicious that the Russian government played a significant role here.
00:14:22.300If we are right, they added, this is Russia trying to influence how Americans vote in this election.
00:14:26.260And we believe strongly that the Americans need to be aware of this.
00:14:30.760Nick Shapiro, a former top aide under CIA director John Brennan, provided Politico with a letter on Monday.
00:14:37.080He noted that the intelligence community leaders who have signed this letter, quoting here, worked for the past four presidents, including Trump.
00:14:43.680The real power here, however, is in the number of former working level IC officers, intelligence community officers who want the American people to know that once again, the Russians are interfering.
00:14:59.380The letter did say, I mean, the clear intent and import of the letter was to tell everybody the Hunter Biden laptop is fake.
00:15:06.500And now we've had person after person come out to say, no, I mean, media organizations had to eventually admit, OK, it's been verified, but they knew it was verified.
00:15:15.440The FBI and the intel community knew they knew at the time they dropped this letter that it wasn't fake, that it had been verified by the FBI as this agent testified to today on the stand.
00:15:27.420Phil, and just just to take you back at the complete propaganda we were being fed before the presidential election in 2020, the piece goes on.
00:15:36.460The New York Times raised questions on Sunday about the rigor of The New York Post's reporting process, revealing that several of its reporters had refused to put their name on the Biden stories because they were concerned about the authenticity of the materials.
00:15:53.040The Post stood by its reporting saying it was vetted before publication that, right?
00:15:59.340This is Politico saying all of us respectable journalists, including The New York Times, recognize a disinformation operation when we see it, unlike the dumbasses at The New York Post.
00:16:09.540All the shit went down weeks before the election, and now they're all on the stand like, of course it was real.
00:16:16.020Well, you know, the biggest crime that I can see is I don't have a problem really so much because we expect campaigns to spin things and but it did rise in the media to the level of outright propaganda that was designed to help one of the camp candidates and hurt the other one.
00:16:35.500But the real crime was using Facebook and Twitter at the time and social media to censor the story.
00:16:43.120You couldn't even link to it if you tried to because that's where so many people in this day and age get their information.
00:18:42.640And let's point out, Viva, at the time of that debate, Joe Biden had to have known the laptop was real as well, not only because of his connections to his son, but because of his connections, too, as the former vice president to the intel community and all those people who wrote the letter.
00:19:09.420Every single one of those 51 intelligence officers should be fired and they should be charged because if they can find a 34 felony charge for Trump because he misclassified some clerical entry into his books, they can find one where there's actual lying to the American people and election interference and appreciate how it works.
00:19:28.600It's like Operation Mockingbird 2.0, disinformation laundering.
00:19:32.580The headlines are an oversimplified version of the lie in the letter.
00:19:36.220And so technically they never lied in the letter because it's always like, oh, it bears the earmarks of campaigns.
00:19:42.160We know that the headline comes out and says Russian disinfo.
00:19:45.120The president or Biden himself comes up and says it.
00:21:17.660And then when he tried to raise it at the debate, you saw what Kristen Welker did.
00:21:21.660It's just, this is why people on the right are so angry and why the left just doesn't get it when they dismiss, you know, rigged election as, oh, you're just a conspiracy theorist.
00:21:40.720The conspiracy is not a theory if it's true.
00:21:42.680And the mastermind behind it, let's not forget, was Anthony Blinken, who's now our secretary of state.
00:21:47.420He was the political operative that was inside the Biden campaign that was sort of organized this whole thing and got all the signatures on that letter and everything.
00:21:56.160And now the man is the secretary of state of the United States.
00:21:59.180He's the person who is supposedly on the world stage, you know, trying to deal with the wars that are going on both in the Ukraine and, of course, over in Israel.
00:22:08.420And this, you know, this is his pedigree.
00:22:11.640He is the actual architect of this misinformation conspiracy campaign to cause the media to further regurgitate pure propaganda that they knew was lies.
00:22:24.820Right now in that courtroom, as you pointed out, this laptop had to be authenticated by federal agents.
00:22:31.340Every piece of evidence that goes into a courtroom has to be authentic.
00:22:35.140And you've got to be able to prove that it's authentic.
00:22:37.260And you do that with certain types of witnesses who can verify that it is what it purports to be, in this case, Hunter Biden's laptop.
00:22:46.220And the information on there was, in fact, his.
00:22:49.560And this was just a couple of three short years ago.
00:22:52.500But the American public just doesn't seem to want to even think about it.
00:23:04.900And when we look at all of this in the context of what's going on with the Trump conviction, we need to learn to keep everything in context and remember that it's the other side is not above using pure propaganda to mislead the American public and also to censor the media and to censor social media.
00:23:31.000And this cloak themselves in highbrow sanctimony about the disgusting people on the other side.
00:23:38.640We would never interfere with an election, not to mention we're not even we haven't even touched on what Hillary Clinton did back in four years earlier in that same 16 election that Trump is alleged to have interfered with by paying off Stormy Daniels and then not telling the world about it.
00:23:54.600But I mean, we could spend all day talking about how Hillary Clinton interfered in that whole thing.
00:23:58.640All right, let's move on to what's actually happening in the Hunter case, because that is equally interesting.
00:25:11.300Hunter's defense is going to be that he was not a crack addict at the very moment he filled out the forms saying he was not an active user of drugs or an addict.
00:25:25.980That he was not an addict at the very moment of the purchase.
00:25:31.400Um, and therefore the government has no case.
00:25:35.960Now, again, this, this goes back to October 23rd, 2018.
00:26:09.900It's very weird about seeing a drug dealer.
00:26:12.320The day after he texted his lover about seeing a drug dealer.
00:26:17.540And then Hallie Biden's going to take the stand and talk about the events of October 23rd, which is the day she found his firearm and threw it into a garbage can at a nearby mall.
00:26:29.000So we've got 10 days, October 13th, 2018 through October 23rd, 2018 for the prosecution to prove he was indeed a crack addict and an active user.
00:26:42.540Viva from what you've read so far, how do you like their chances?
00:26:47.040There's, well, before I forget this thought, I want to say something, you know, the whole Russian disinformation, uh, and that foreign interests might use certain information to corrupt or coerce or extort political leaders.
00:27:00.940You know, the fact that the FBI and intelligence had this laptop for upwards of a year beforehand, it's not only foreign interests that can use compromising information to blackmail politicians.
00:27:13.000And you have to ask yourself why it was that intelligence had this and what they were doing with it for a year, if not arguably potentially extorting or planning to extort or coerce something, some action out of a politician.
00:27:24.880Just to throw that out there so people can actually think about that, it's not just foreign interests that blackmail.
00:27:28.440As relates to the merits of this case, there are going to be some constitutional questions here.
00:27:32.780You know, Second Amendment shall not be infringed.
00:27:35.060If you're forced to answer certain questions on a form, is that an infringement of the Second Amendment?
00:27:40.440Now, I don't think that's the argument that the lefties are going to want to take with this.
00:27:45.000Um, you know, the ambiguity of the phrasing of the question, are you, I forget exactly how they phrased it, but I can understand the semantic argument.
00:27:52.160Well, I don't consider myself an addict, so why would I answer yes to that?
00:27:55.440Um, and you know, Second Amendment argument, if anybody needs Second Amendment protection, well, it's definitely a crack addict, a drug addict who's buying drugs from criminals.
00:28:51.260It's a good point to read the actual language, and my team had already given it to me, and I didn't see it.
00:28:55.760Okay, it reads, are you an unlawful user of or addicted to marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?
00:29:11.640So very clearly, you know, crack and cocaine would qualify.
00:29:35.060I mean, I can understand the argument, but I'll let Phil take this away because he's an actual lawyer in America who might have a better opinion.
00:29:41.740And I've actually filled out a lot of those forms, actually, and they're not hard to understand.
00:29:48.160I mean, you can play the Bill Clinton, what is the definition of is, is.
00:29:52.500You can play a little word semantics games, but, you know, it's obvious that the form, it's not asking you, are you actively smoking crack cocaine while you're buying this gun?
00:30:42.800But he's clearly an active user of drugs at the time he's purchasing that gun.
00:30:47.860And having filled out those forms, I can tell you they're not hard to understand.
00:30:53.000A reasonable person looks at it and understands exactly what the question is asking.
00:30:58.080And we all know that if you don't tell the truth on those things and you lie, you're subject to being arrested and charged and going to jail.
00:31:05.940And, you know, say what you want about the Second Amendment.
00:31:08.220And I'm, there's nobody that's a bigger Second Amendment advocate than I am.
00:31:12.320And maybe we can have a discussion one day about whether those forms should ask those things.
00:31:16.760But the fact of the matter is that is the law.
00:31:19.120That is the law that is in effect today.
00:32:26.460It happened in the summer, okay, the summer of 2018.
00:32:30.860And the problem for Hunter Biden is they've got in these text messages that I held up before, okay, they have so many texts between Hunter and his, looks like many dealers, begging for drugs all around through and immediately after the so-called rehab.
00:32:55.000I'm just going to show you a couple, okay?
00:32:56.540Because, like, let's take some time to go.
00:32:58.540So first of all, well, here's April of, for April 27th, 2018.
00:33:06.180And then the next day, or yeah, the next day, I don't know why Hunter Biden was texting pictures of his drugs to his drug dealer, but you can see, and we'll, we'll try to get you closer pictures of these, but you can see, I mean, he's texting the pictures of the drugs he apparently wants right to his drug dealer.
00:45:11.580So, yes, both of them, the ex-lover or whatever, she's going to take the stand, Hallie.
00:45:15.720But right now they just finished up with Hunter Biden's ex-wife who just took the stand and said he was actively using, no question, in October of 2018.
00:45:25.480So all of these people, all of them Democrats, they all know that Hunter Biden is an active user of drugs and they all know that he possessed this gun.
00:45:34.380OK, so look, I'm all for anybody who's charged with a crime.
00:45:38.340You have an absolute right to have a jury trial.
00:45:43.360But you've got to ask yourself, isn't it a little bit hypocritical if all of these Democrats that are surrounding this man who is clearly and obviously in violation of the federal gun laws?
00:45:54.240Why don't they practice what they preach and say, OK, own it.
00:45:59.080Even if you don't have a plea deal, plead guilty.
00:46:08.140I broke the law and I'm at your mercy.
00:46:10.500And I bet the judge would show him a lot of mercy if he would just do that.
00:46:13.560And I think these other people around him would have a lot more credibility about things when they're preaching to the rest of us about enforcing, you know, common sense gun laws or creating new common sense gun laws when they themselves don't even practice what they preach.
00:46:29.300I mean, Viva, any lawyer would say, Hunter, my friend, you got a cop a plea in this circumstance.
00:46:37.300And you know what they tried to, as you know, they tried with this sweetheart deal that this prosecutor, this guy, David Weiss, offered them to cut the deal of the century.
00:46:47.860And it was only for this judge, thanks to this judge, Judge Noriega, who caught just how sweetheart it was that it got rid of the gun charges and the tax charges and anything related to Burisma, everything under the sun, that she said, whoa, whoa, that's the only reason because of her that they're having to go to a trial.
00:47:05.580But even at this point, you'd think the lawyer would look at him and say, all right, now we've lost out on dismissing these as misdemeanors, but you're going to have to go in there and throw yourself in the mercy of the court because you're toast, man.
00:47:42.760And as much as they may be listening to what the prosecutors are saying and what the prosecutors are putting on the witness stand, they're also watching very carefully the interactions between Jill Biden and her son, Joe, and Hunter.
00:47:56.180And that's another sort of a play that's going on behind the scenes.
00:48:00.880They're watching multiple presentations, one official presentation and one unofficial presentation.
00:48:52.180I'm Megan Kelly, host of The Megan Kelly Show on Sirius XM.
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00:49:55.120So apparently the prosecution played a fair amount of excerpts from the audio book of Hunter Biden's memoir.
00:50:02.400And the reports were pretty uniform about how it was very eerie to see him sitting there and hear his voice booming overhead in this courtroom.
00:51:48.640And all I can think when I hear this, you guys, is that's the same guy in those text messages and in that description of his life at the time,
00:51:59.060who our sitting vice president took with him over to China,
00:52:06.160had no problem with him sitting on the board of Burisma, collecting 50 grand a month,
00:52:11.020understanding perfectly well, Viva, just how compromised he was.
00:52:17.040He, meaning Joe Biden, the then vice president, as a result of this infirmity in his son.
00:52:30.020And if this were anyone else, it would be something that you would deal with within the framework of dealing with addiction and potential criminality.
00:53:23.020It could also be for potential intimidation.
00:53:24.960There is the first lady staring at jurors saying, you better damn well do what we know that you we you better damn well do what you know we want you to do.
00:53:34.140That is jury intimidation in as much as it might be trying to play the parent card.
00:53:38.940But the issue here is not the addiction.
00:53:41.000It's not all of the terrible decisions Hunter made.
00:53:43.760It's the fact that he has always been an overt liability and that if anybody is compromised, it's Joe Biden.
00:53:51.120And it might explain a little bit of some foreign policy decision in Ukraine, depending on which corrupt governments have dirty stories on Hunter with them parting around doing exactly what we now know that he did.
00:54:01.440I heard the testimony yesterday from that special agent from the FBI, Phil, about the ATM withdrawals that Hunter was making in October of 2018.
00:54:58.120Obviously, there's plenty of records of the gun sale, but he's clearly doing business with people or entities that don't like to take credit cards or checks.
00:55:07.160I mean, why do you need to take $151,000 out of the bank in cash?
00:55:15.120She loves a man who pays for things in cash.
00:55:16.780Unless you're just going around blowing it on hookers and drugs and, you know, all sorts of, you're spending it in, let's just say, alternative markets where you purchase things on an alternative market, right?
00:55:29.820So that's really the only reason, you know, you're going around, you're flashing money, you're flashing cash.
00:55:34.700You know, that's really the only way to do it.
00:55:36.600And the reason that the FBI is testifying to this, the reason prosecutors are bringing all this out is to point out that he is, you know, an active user.
00:55:46.540It all goes to the issue of whether he's an active user at the time he's making this purchase.
00:55:58.160It's, I think, a really brilliant move.
00:56:00.360I think prosecutors are doing a great job because this is the best evidence.
00:56:04.400I mean, what a person actually does, and you can extrapolate from that.
00:56:09.780It's a little bit circumstantial, but circumstantial evidence can be very powerful if it's used right and it's being used right in this case.
00:56:15.860And to use his words, to hear him talk in his own words about substance abuse and using illegal drugs is absolutely, I think, brilliant from a trial strategy perspective from the prosecutors.
00:56:31.520They're going to prove it beyond reasonable doubt, perhaps even beyond all doubt.
00:56:35.500The big question remains, and we've talked about it before, is will the jury give him a pass simply because who he is and because they feel sorry for him?
00:56:44.080But nevertheless, the prosecutors have done a great job so far.
00:56:46.780The cross-examination of this FBI agent elicited what sounds like, you can hear where the defense is going, right?
00:56:58.200And what he was pressing her on, Abby Lowell, a man who was pressing the agent on, was you're not sure whether he really was using drugs continuously from 15 to 19, are you?
00:57:12.500She answered, I didn't get the sense that it was the entire period.
00:57:17.640And this is where they're going to go.
00:57:19.120Like maybe this one week period in October, notwithstanding all those texts that I just read you, somehow he found Jesus and maybe just switched to alcohol only.
00:57:30.380They seem to be saying it was just alcohol.
00:57:59.780But if he is convicted, is there any chance his father, who has the ability to pardon him, this being a federal case in crime, will do exactly that?
00:58:14.100I'll field the first half of the question first.
00:58:16.380I might be one of the rare neurotic people.
00:58:18.280Well, I actually do measure my martinis in milliliters just so I can know exactly how much I'm drinking.
00:58:23.380So I got a little tablespoon cup and I measure it to the milliliter.
00:58:26.680I mean, jokes aside, what they are hoping for is the jury to suspend disbelief because of political prejudice, period.
00:59:10.420And then at the very least, maybe get a pardon afterwards.
00:59:12.940Maybe Biden comes in and pardons Trump and everybody, pardons everybody, but his son in particular.
00:59:18.900So, no, he's learned all of the wrong lessons.
00:59:22.200But what is most shocking about this and set it all aside, again, set aside these particular gun charges.
00:59:26.760He has been a drug fiend for years, whether it's a decade, a half a decade.
00:59:31.940A dad doesn't leave that message if it's a new issue.
00:59:35.480For years, while he's been in political positions of power on corrupt Ukrainian energy companies, while his dad has been pimping out his own son for his 10 percent for the big guy.
00:59:46.900And, by the way, before I forget this as well, Garrett Ziegler, Marco Polo, the guy who did the book, hypothesized how could he take out so much money and cash in a given month?
00:59:55.840Some people hypothesize, if I'm not misattributing it, that he was giving a PIN code so that hookers, drug dealers could go take out money, cash, to pay for the drugs that he was getting, to pay for the sex that he was getting.
01:00:05.820So this has been a known problem in the making for years, if not closer to a decade.
01:00:12.340And if there has ever been a president who has been compromised by the ills of their family, it's Joe Biden.
01:00:18.440That's the bigger scandal above and beyond these felony gun charges.
01:00:22.020But here's what's interesting about a possible conviction here.
01:00:26.220Does it somehow raise the stakes for Joe Biden to drop out, to do the, I'm going to be the magnanimous one and I'm going to pardon Trump and my son.
01:00:39.660Trump is the price he would have to pay for, for the Hunter Biden pardon and toss the baton to somebody else.
01:00:51.300It's caused me more concern about my health and the ability to serve another four years, like to do it.
01:00:57.320Because as you point out in those voicemails, it certainly does sound like, and I understand there's an argument to the contrary about whether he cares about his son.
01:01:17.060Like, if he gets convicted, does it raise the stakes that he actually might bail from this race so he can pardon the kid?
01:01:22.760Well, I think one way or another, whether he bails from the race or not, Megan, I think there's probably a pardon or a commutation in it for Hunter.
01:01:30.240And first off, he, there's nothing that Joe Biden or any president can do about the New York conviction for Donald Trump.
01:01:37.400But with respect to Hunter, so the way it's going to play out, we're going to be in trial for a few more weeks, of course.
01:01:43.000Then you're going to have jury deliberations and then a verdict.
01:01:45.700And then as, as it usually works in federal court, you know, they'll come back several weeks or a couple of months later for a sentencing hearing.
01:01:52.720And then they'll have a sentencing hearing.
01:01:54.100And let's say the judge says, okay, I'm going to sentence you to some jail.
01:01:57.320And then they have a delayed report and that could be another month or two.
01:02:00.920So it could be several months out, but let's just say he gets convicted and he gets sent to jail.
01:02:08.400It realistically could be after the election before he would have to report to custody.
01:02:13.000So then the scenario would be like this.
01:02:14.740Joe Biden's either going to be at the end of his term or else he'll be getting ready to start a second term.
01:02:19.300No matter what happens, either way, he won't have to run again.
01:02:22.300And then he's free to do whatever he wants.
01:02:24.740He's free politically to commute a sentence and maybe pardon later.
01:02:29.200Or he could just go outright and pardon Hunter later this year or early next year, whenever the time is required.
01:02:35.340The problem with that is if he doesn't pardon Hunter preemptively, because you can do a preemptive pardon, before the November election, he could lose.
01:02:45.520Well, let's say, no, because you can do it post-election and pre the other guy getting sworn in.
01:03:00.380I don't think Hunter's conviction or lack thereof is going to really move the needle on the election for Joe Biden either way, because the Trump conviction and the Hunter stuff, this has been with us for years now.
01:03:13.040So it's all kind of baked into the cake.
01:03:15.220And I don't think whether he's convicted or not is going to change any voters.
01:03:18.940So I think that it's probably reasonable and safe for Joe Biden to simply wait and see what happens.
01:03:24.420Because if this jury does give him a pass and says, OK, go forth and send no more, we're going to do jury nullification, then he doesn't have to worry about it.
01:03:33.060But even if he does get convicted, he can hold it and he can do it in late November, early December, whether he's at the end of his term or getting ready to start a new one.
01:03:50.440So last but not least, we've got to spend a minute on Fannie Willis.
01:03:52.940Speaking of paying in cash and corruption, we've got to talk about Fannie.
01:03:57.880So it's amazing because you point out accurately that a presidential pardon doesn't save you from state cases.
01:04:03.460And on the Trump, back to the Trump cases, if Trump wins, he can pull the feds off of those two federal cases on him and make them go away before there's any trial.
01:04:43.440Ashley Merchant stopped Georgia in its tracks.
01:04:47.000It remains stopped because the Georgia appellate court took up the issue of whether Fannie and Nathan both should have been mandatorily disqualified.
01:04:57.980And nothing really is happening in the case.
01:05:03.120So tell us what the appellate panel that they drew to hear this case looks like, Phil, and how you like the chances of a reversal given these judges.
01:05:17.660I mean, Georgia's – our judges are technically nonpartisan, but they are all conservative.
01:05:22.080They were appointed by Republican governors, one of them even by current Governor Kemp.
01:05:27.580But one of these guys comes from really – actually, I think all of them, but some of them more than others come from very, very red parts of the state.
01:05:35.720So from you looking at it just from the political lens, I got to think Fannie Willis is probably not liking this panel.
01:05:42.500But I think the defense there that's raising these claims, I do think they like the panel.
01:05:46.240They've got to get two of the three to reverse Judge McAfee.
01:05:50.580And if that happens, let's say Fannie is removed from the case, and let's say the case is not dismissed, there's nobody else reasonably going to be able to take up this case and run with it.
01:06:01.020Because they would have to go back and do all this work over again to remove the odor of mendacity, so to speak, and to clean up the mess that Fannie Willis has made.
01:06:09.460So if she is removed, I think that's effectively the end of this case.
01:06:14.580If she's not removed by the Court of Appeals, then the defense gets to ask the Georgia Supreme Court to take another stab at getting her removed.
01:06:24.680So this case, at best, is going to be mired down in this appeal for months and months and months, and it's probably going to be dying on the vine the entire time.
01:06:35.520So I don't think that much is going to happen.
01:06:37.380Which is on that appellate court that they're going to next?
01:06:39.600It's like 25, but there's only three in this panel.
01:06:46.400Now, they can ask for what's called a rehearing before the whole court, before there's something to the Supreme Court.
01:06:54.040But needless to say, I think that, to me, I think the appeal is looking very strong from the defense side.
01:07:01.640I think that it's very likely they're going to rule that she's disqualified, if nothing else, for the out-of-court statements that she made where she's slimed the defendants and their lawyers.
01:07:12.060That's just absolutely unethical, and that's enough, I think, to get her disqualified, notwithstanding the affair.
01:07:17.740But I think Georgia, one way or another, is dying on the vine.
01:07:31.020I think it's more likely than it was before.
01:07:33.740I mean, I keep making the joke that they found another rubicon to cross, and they keep upping the levels of the insanity.
01:07:39.600They didn't go through a six-week trial so the judge could issue a $5,000 fine against Trump.
01:07:44.520I mean, it's going to have to be more than $500.
01:07:46.600I don't know what the statutory limit of any fine Mershonkin imposes, but they're going to try to do something punitive but not sufficiently egregious that it gets overturned on appeal.
01:08:13.960But there seems to be no limit to the insanity.
01:08:16.180And also, just to go back to the idea of Biden pardoning Hunter, or if he loses, I said this before, and it's only a question of how it's going to come to be.
01:08:25.940I don't think Biden's going to be on the ticket.
01:08:27.980And so my longer play here is thinking, is this what we call the deep state of the administrative state?
01:08:33.380Is this the powers that be lining it up so that Biden is either removed, has to be removed, or some other force intervenes?
01:08:39.880I don't think Biden's going to be on the ticket, period.
01:08:42.520And so the only question is going to be-
01:08:43.780This is actually one of my favorite topics on earth.
01:08:57.020I had a dark, like a doom pill fear that, you know, this provocation of the right and going crazy after Trump, and people say, well, the next Rubicon to cross is physically harming Trump.
01:09:08.500I don't think that it would achieve any goal that would be beneficial to anybody who would do it.
01:09:13.080You'd get sympathy and, you know, the protest vote to support whoever would replace Trump.
01:09:18.620Reverse that if you want to think like a diabolical, cynical, deep state.
01:09:22.460Well, you want to get pity votes, and you want to get defiance votes.
01:09:26.260Find a way to have something happen where Biden is removed as a result of a reaction from the right because they can't stand what, you know, is happening to Trump.
01:09:35.500Maybe put in some more laws as far as surveillance goes, maybe put in restrictions as far as voting goes because of the risk.
01:09:41.100At this point, I think Biden is just a deep state pawn, and the only question is how to most effectively politically, you know, steer the ticket come November.
01:09:51.540I mean, they could use the Hunter Biden thing as an excuse to get him out of there.
01:09:57.060You know, like, I am going to pardon my son, right?
01:10:43.460And we could have played a three minute soundbite of Biden repeating that lie about the laptop being disinformation and it wasn't real and so on.
01:10:50.240I mean, we could have gone over the failing media cross-examining, and I use that term in air quotes, Hunter Biden on the claims in his book and the laptop and him saying it might be real.