This weekend, the Hunter Biden team is reportedly debating whether to have him take the stand on Monday, a move rife with risk. Most criminal defendants avoid such appearances given the potential damage of a withering cross examination. Those risks were evident in the recent testimony of Hunter’s daughter, Naomi, which backfired badly on key points.
I have sometimes been in the minority among defense attorneys and legal commentators on this question. In celebrity trials, a jury can feel alienated or even disrespected by a defendant not taking the stand. That was the case, in my view, with Martha Stewart. When a defendant brings forth a host of others to speak for him or her, the refusal to testify can become more glaring and concerning.
Hunter Biden is in that position. He has had a host of relatives testify, including his daughter Naomi. When you put your daughter on the stand and subject her to a tough cross examination, many jurors can wonder how you can stay safely behind the defendant’s table.
Yet, Naomi’s testimony is precisely why defense counsel are risk adverse on the question. She gave moving testimony on her love for her father and his struggle with addiction. However, her attempt to establish that Hunter was not using drugs at the time of his gun purchase fell apart on cross examination. She testified that she was thrilled during this period with how “healthy” and clean her father appeared: “He seemed like the clearest I had seen him since my uncle died…I told him I was so proud of him and I was proud to be able to introduce Peter to him.”
Prosecutors showed her text messages that told a different story. In some, Naomi appears alarmed by her father’s conduct and lack of responses. On October 18, for example, she texted “I’m sorry daddy, I can’t take this, I don’t know what to say.” That message coincides with messages from Hunter seeking to score drugs from a guy named Mookie and stating that he was doing crack in a car. In other messages, Naomi complains that he was not responding. She finally received a response when, at 2 a.m, Hunter asked her to have her boyfriend drop off keys to a truck for him in Manhattan. Naomi was asked if she saw the drug residue or paraphernalia in the truck.
Any cross examination would focus less on Naomi than it would on Mookie.
Any decision to put Hunter on the stand is obviously dependent on your defense strategy. As I have previously written, all of the defenses suggested by Abby Lowell in his opening argument collapsed within two days. That includes the suggestion that someone else checked the box on the form denying that Hunter was using drugs. These claims seem so unbelievable and unsupported that they might insult a jury. However, the real strategy in this open-and-shut case appears to be simple jury nullification. The defense is trying to get one or more jurors to ignore the law and the evidence to acquit Biden.
Nullification efforts in the case appear to be a combination of both political and social association. First and foremost, this is Bidentown. It is the hometown of President Joe Biden and voted overwhelmingly for him in past elections. It is the opposite of the Manhattan trial of former President Donald Trump. This is the best possible jury pool for a Biden.
Second, all of the jurors testified to knowing someone with drug problems. Hunter has written moving accounts of his struggle with addiction. Some jurors may resist convicting someone who has seemingly overcome the scourge of addiction.
So, if this is a nullification strategy, does Hunter testifying help or hurt? The answer is that it could seal the deal or shatter it with jurors. Hunter will make a good witness on his struggle to overcome drugs and alcohol abuse. He can claim little or no memory of the gun store purchase. Hearing from him directly can establish a connection, even a bond, with jurors that could reinforce a nullification vote.
However, it will also subject him to cross examination by prosecutors who have been lethal in their well-planned and well-executed case. They can delve into his texts and the later intervention by his family to deal with his self-destructive lifestyle. He also faces the potential of triggering new criminal offenses through perjury.
That latter concern is particularly real after the formal referral of three House committees to Attorney General Merrick Garland. Hunter is accused of lying to Congress in his recent testimony on key issues under investigation. While many expect Garland to ignore the referral to protect the President and his family, the allegations are compelling and the Justice Department has previously prosecuted individuals in cases with far less support. This would appear a relatively easy perjury prosecution, but the politics may be insurmountable for Garland.
Most attorneys would advise Hunter to remain behind the defense table and not take the stand. After all, this is a great jury rendering a verdict on a Biden in Bidentown with the First Lady seated behind him for much of the trial. They just need one. The risk of testimony is that Hunter could burst into flames on the stand and torch any chance to nullify the crime.
We will know soon. However, if Hunter checks this box and testifies, it is the one decision that he will not be able to blame on others.
How stupid are Democrat voters? They are Stupid. Really, really stupid.
If the jurors on Hunter Biden’s criminal trial do NOT find him GUILTY on all counts, they are STUPID.
Or…they are legitimately fearing the WRATH of the Biden MAFIA Crime Family.
Do these jurors NOT understand that if THEY, or anyone they know, or anyone in their family NOT named “Biden” did what Hunter Biden did, THEY would be spending YEARS behind bars, in prison?
So if this jury does NOT find Hunter GUILTY on all counts…
and we see Hunter sentenced to YEARS in PRISON for HIS ACTUAL CRIMES…
then these jurors ARE just STUPID DEMOCRAT VOTERS. Just as stupid as the Democrat Party likes them to be.
HUNTER BIDEN IS GUILTY of far more criminality than just this….
AND HUNTER SHOULD DO PRISON TIME –LIKE ANYONE ELSE WOULD!
If this jury lets Hunter Biden off, or comes back HUNG JURY, then they are stupid as stupid Democrats have always been which is why Joe Biden is still in power ABUSING his office.
DON’T be STUPID ya Stupid DEMOCRAT voters. We all know you are stupid, but try, really try to prove us wrong this time.
He should take the stand if ya think the kids testimony back fired – then what is there to lose? Attack the 4473 form itself when he’s on the stand – are you a user of – alcohol? Is alcohol to a layman an “stimulate or depressent” – does your state have last call- cut off off sale hours? No sunday sales ? Is alcohol a controlled substance? Tell us Mr Biden the scope of other controlled substances as you construed the ambiguios question on the form? Did you consult and hire an attorney before attempting to exercise your 2nd right to bear arms? Your a lawyer can you cite cases to questions on the form? If you can’t how could Joe six pack? Did you read the exceptions in the instructions? Don’t you think it’s rich that those who committed business felonies – lying on forms aren’t suppose to check yes (being told to fib by atf?) …. yet here’s a business transaction form for you. How many % Americans are users of alcohol? If you had to guess just off ppl you know? Do you have any convictions any level involving violence? How do you feel about “daters” with domestic violence getting to check no about their convictions after 5 years? Do you think cohabitation is more than dating? From your experience if any – isn’t dating less of a relationship that playing everyday house? Do you think it’s fair to women in society that a dater who used violence gets weapons after 5 years but a cohabitor – losses his 2nd forever for slamming the door and there was incidental contact? Etc etc etc – attack the form and attack the law – the jury don’t just know drug users they prolly argue with their spouses occasionally too – and “use” alcholhol. It ain’t puritans on the jury.
Decipher that sugar brother, after you and Hunter quit tweaking
No sure but it’s Joe tweaking with hunter – lest hunter testify eventually against the big guy – but this is a fed case – hence big guy can pardon hunter way out – -,so a win for us is actually hunter defeating the stupid ambitious and ambigious form -regulation and law – so yeah I want hunter to beat this – for all us all not just lay low for enviable pardon – hunter could be the hero and make history … without consultants how to make history …but he is in a position to …if he bothers to recall his oath. Yet he’s got the pardon door most defendents don’t have. …for such a challenge – hunter can’t lose by taking the stand … he does right by 2nd djt prolly pardon him – he sand bags 2nd big guy pardons him. So it’s really his sword he could make a 2nd difference for all us – so he should take the stand – bc we need to know if the rule of lienity exists or if the only “clear” violations are a qualified immunity hyproscy ? On one hand the atf own policy is don’t shoot ppl but they shoot airport managers at 5am – more dangerous than hunter losing track of his Crack pipe. Moreover- since the law was passed decades ago we have big data – there is little rational basis for the questions now. We know what a joke only on domestic violence is – you can pull a gun on stranger – do 6 months for mugging and get a gun- but if you fight with your wife slam the door and it incidentally hits her foot – no self defense gun for your family. It’s bs. Worse you can be vp shoot a guy’s face off and still get to buy guns without more safety training. Better as an excuse – oh your crazy no gun for you – crazy guy does crime – oh no mitigating cuz crazy- bc crazy ppl aren’t violent. See all the stereotypes and pigeon holes our law trys to do …that Rob ppl their 2nd – here we should do like Canada- to buy a gun few ppl who know you … vouch. We all ikely know ppl the law wld allow but we wouldn’t vouch for – and people we would vouch for our broad law doesn’t allow. But if we don’t want govt infringement – we can’t keep having a under penalty of perjury ambitious form with selective prosecution being the infringement. We are better than this america.
John McLaughlin was wrong (per video below)! Joe Biden’s career seeking to become President was not “dead.” Well, technically, McLaughlin was correct decades ago when American voters had some modicum of intelligence. But with today’s submoronic Democrats infesting the voting rolls and with their dominance in the 3:00 am mail-in vote demographic, Biden is still a formidable candidate.
Sometimes, it has become really difficult to read the comments to Professor Turley’s piece…..that difficulty entirely owing to the personal attacks upon other commenters – it’s like Junior High School in here when those folks, who seem to know one another, get at it. i wish there were a way to have two sections of comments: one for the people who aren’t attempting to make a serious observation for the benefit of all of us, and one for those who are.
Make $220 per hour. its very hard to find jobs nowadays. In this vee40221 situation, you have access to a wealth of resources to help you with your working abilities. Be motivated to promote Thousands of works such as copy paste things through job boards and career nc-02 websites on internet
Just Take A Look At This——-
https://aiboot2up22.blogspot.com/
This is Gigi’s avatar
https://jonathanturley.org/2024/06/06/just-ask-mookie-hunter-biden-has-no-defense-other-than-nullification/comment-page-1/#comment-2409087
This is the despicable piece of shit, posing as Gigi.
https://jonathanturley.org/2024/06/08/will-hunter-take-the-stand-he-may-want-to-think-twice-before-checking-that-box/comment-page-5/#comment-2410199
This is Elvis Bug, who is also arguing here as anonymous.
Guys
You are all being punk’d by the spastic who keeps clogging the blog with his 18 post discussions with himself.
He is posting as Gigi, and Perry Mason, and some professor something or other, among other things. If you look closely it is not gigi’s avatar
This is the guy who keeps saying he loves maga cock in his ass.
You really should stop replying to all anonymous and any other poster you dont recognize until Darren hopefully returns.
STOP responding to him
That includes you, john say, who cant seem to resist responding to anyone.
I most definitely second that motion.
His posts are just an unreadable, tedious, rambling series of disconnected thoughts.
Wow the prosecution did a really really good job !!!!
(GAG!)