Ex-Trump attorney predicts sentencing of Hunter Biden in gun case

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Everyone must be accountable for their actions. Even this defender, however, Hunter Biden, should be no more accountable than any other citizen convicted of this same conduct. So, Tim, if Hunter Biden should be no more accountable than anyone else, what does that mean in terms of sentencing? Yeah, So everybody's been talking about how this goes up to 25 years, but really, that's just the first step of sentencing. Federal sentencing is very involved. You start with the statutory maximum. Then you go to the US sentencing guidelines. And sentencing guidelines are very sophisticated math equations to figuring out all the different things that could apply. I've done my calculation. Okay, What you got? 0 to 6 months is what I think. Because you add all these points, it ends up as a base level offense of six. And I know some prosecutors may disagree with me on this point, but there's a reduction if they possessed it for the purpose of, you know, lawful sporting purposes collection and did not unlawfully discharge or otherwise unlawfully use the firearms or ammunition with his criminal history category of of one that gives you a recommended guideline range of 0 to 6. Now, when I heard, you know say that in the press conference I took, that is kind of an indicator that he is probably going to go into sentencing asking for probation. You think so? I do. And I think it's the right sentence in this in this case, there's there's a lot of things you can add on. You know, if it's an automatic weapon, if it was used as part of a larger, you know, crime, the crime, violence and all those things, that's what brings you up to the 25. But for this type of thing where there's no other aggravating factors, a probationary sentence is appropriate there about I'm one of our contributor, Steve Petroski, who writes about guns for us, is very knowledgeable, says if I have this right, it's about 200 charges like this a year. And usually it is along the lines of somebody found with drugs and a gun and the prosecutor decides to charge him with the gun charge instead of the drug charge. And it's not somebody who confesses in a bestselling book to it and then they go and get him. Right. So. Do you agree with Tim's analysis in terms of the sentencing? Yes, I do. And the other thing that this judge is going to want to see, basically how she has ruled in other cases similar to this for first time offenders. And you can look and see in various databases of the Justice Department how those kinds of cases have been led down, you know, these guidelines. So you can see whether this if it is, as we suspect, 0 to 6, is in line with other defendants with the same criminal history and did not use the gun. And that's one thing that's a bit different about gun safety that the president was that it was right. It was just it got thrown out. Yeah. On his behalf, I guess, or kind of on his behalf. Okay. Okay. Benningfield on Twitter, Republican Congressman Tom Massie of Kentucky posted, quote, Hunter might deserve to be in jail for something, but purchasing a gun is not it? There are millions of marijuana users who own guns in this country, and none of them should be in jail for purchasing or possessing a firearm. Against current laws, I wouldn't say that. Thomas Massie is a big Hunter Biden supporter, but saying that this is kind of bogus in his view. Yeah, I mean, Republicans have kind of been all over the board today in their response to this. And it shows you, I think, what a political challenge this is for them, both from a gun owner perspective, They're kind of loathe to, you know, to jump in and, you know, be on the opposite side of the NRA, for example, on the gun issues here. But also, I think that they have seen over time that trying to make Hunter Biden struggles with addiction, which is fundamentally kind of what this is for the average American. I mean, you sort of heard that from juror ten who talked about all of the case in terms of the, you know, the heart wrenching testimony and the struggle of the family. You know, Republicans have really struggled to make this line of attack stick because most people see this and feel sympathy. Most people have somebody in their family who's gone through addiction. They know what do you think they feel sympathy for President Biden? I think they feel sympathy for the Biden family. And so I think there has. I don't know that they feel it's right. I think we've seen. Well, but Hunter is not an elected official. I mean, ultimately, the point of a political attack. I just want to be clear on that on the sympathy, though. And they've really struggled and they've really struggled to make the stick to Joe Biden. So I think, you know, seeing that kind of reaction from Massey, the Trump campaign sort of struggled to respond today. They put out a statement and they retracted it and they said Trump was going to say something untrue. Social. I don't think he has to say we've been watching. We haven't seen anything. So this is this is not going to be a political winner for them, Jamie. Three jurors told CNN that they questioned whether the criminal case should have ever been brought against the president's son. Another said he doesn't think politics plays a role in anyone's decision to convict. First of all, I mean, kudos to the jury for doing their duty, even though they didn't think that this was worth it. They still just abided by what the judge told them to do. But what do you make of this? So, first of all, if you can't have cameras in the courtroom, I want to say thank you, especially to juror number ten for coming out and and speaking to us and the others about what happened. Look, I think what happened here today was the system worked. As simple as that, it was common sense. Juror number ten said to us that the jury came to believe that Hunter was an addict at the time. He filled out his form and that he knowingly did did that. I also thought it was very interesting. Juror number ten also said that politics did not come into play, that they put aside that this was the Biden family, although you could tell it was a federal case. But this was a Delaware jury. Juror number ten called the first lady, Jill. Right. This is a family they're familiar with. For the very first time in the history of these United States, an immediate family member of a sitting president is now a convicted felon. Hunter Biden was found guilty today on all three federal gun charges. Let's bring back our panel. So a victory, anyone who thinks that the unfounded attacks against the U.S. Justice Department, that, you know, it's just a tool of Biden to go after his political enemies will just stop because of this or the Menendez case or the Quaker case in Texas is probably mistaken. But to see any political ramification is going forward? Well, I do think that that, you know, democracy is held. You know, the rule of law is part of democracy. Jurors are, you know, one of the things the founders adored jurors because they were a kind of Democratic decision making. We can't throw you away into jail. So I think we will see that some of the attacks blunted. Earlier, we saw that former President Trump has not commented, for example, on this, because yet. But I think what you see is a totally different pitch from we don't see Hunter Biden, you know, screaming about the illegitimacy of the justice system. And so that contrast to the former president and his antics, I will say at the trial and this rather dignified acceptance of responsibility is something that I think we will continue to see. So let me ask you this, Tim, because it occurred to me, whatever one thinks about the Biden family, Hunter, James, the president, etc., what happened today would not have happened if a President Biden upon taking office, didn't keep the U.S. attorney of Delaware as U.S. attorney, even though he was appointed by Trump because of the investigation into Hunter and not wanting to be unethical. And b if U.S. Attorney General Merrick Garland hadn't appointed Weiss, that U.S. attorney, as special counsel after the questionable sentencing issue. I mean, it's just you can't dispute it. I mean, it happened because Joe Biden actually abided by what ethics officials would have wanted him to do. He left the Trump appointed prosecutor in front of the Trump appointed judge. And, you know, this was the result. I mean, look, I'm not somebody that believes that the Justice Department and everything has been weaponized. You know, I think I look at each one of these cases individually. And, you know, we have had this type of thing throughout our history. We once had a president of the United States who ordered his vice president indicted, Thomas Jefferson, Aaron Burr. So this type of thing has happened throughout our our history. But ultimately, the jury is the great equalizer. And so, you know, I think that it is to Biden's credit that he kind of, you know, stood back and let this process play out. And, you know, it's going to play out again shortly in California. Yeah. With the tax case, tax charges against him, an uncomfortable moment. And you heard Kayla Townsend, our White House correspondent, talking about this, Biden speaking at a gun safety event. And he was supposed to herald all these laws and regulations that help keep guns out of the wrong people's hands. And obviously he didn't mention it because that's his son. I mean, that's one of those laws you're not supposed to be able to if you're using or are addicted to drugs, you're not supposed to have a gun. And he kind of skirted that law. I mean. Well, I think this first of all, I think this is a fluke of the schedule. But in some ways, is there a more is there is there a more compelling event for him to go to to demonstrate that he should have leaned into it more, do you think? No, No, I don't think so. He has been very he has has kept himself out of this process. He has made this about love for his son and also his belief that the president should not inappropriately influence the judicial process. And I think you saw both of those things on display today when he went to a gun event and talked about the progress that he's made on these laws and focused on how what he's done as president and what he would do in a second term will impact real people. He didn't go and talk about his family. He didn't go and complain about how his son was treated unfairly. And that contrast in and of itself, I think is powerful. Jamie, former President Trump's campaign said and I'm not sure if this was the one that they retracted or if this is a new one. You'll have to tell me, quote, This trial has been nothing more than a distraction from the real crimes of the Biden crime family, which has raked in tens of billions of dollars from China, Russia and Ukraine. Crooked Joe Biden's reign over the Biden family criminal empire is all coming to an end on November 5th. And never again will a Biden sell government access for personal profit. Is that the one that they revoked or is this a new one? This is number three. Actually. The first one had a tagline. As for Hunter, we wish him well in his recovery and legal affairs. They took that one back and this is now out with out. Without that. What is the fact that this is their response say about at all? I just want to say the words Biden crime family are staying on my bingo card for Donald Trump for the rest of this campaign.
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Channel: CNN
Views: 24,217
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Length: 10min 39sec (639 seconds)
Published: Tue Jun 11 2024
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