There is a “mountain of evidence” against Hunter Biden in his gun case in Delaware, but at the end of the day, the decision to prosecute him came down to his last name, just as the decision to prosecute former President Donald Trump in New York City came because of who he is, retired New York Superior Court Judge Andrew Napolitano said on Newsmax Friday.
“We’re in a hot political environment where there’s an uncomfortable and dark intersection of politics and law enforcement,” Napolitano told “National Report.” “There shouldn’t be, but there is.”
He added that if Biden’s “name was Hunter Jones instead of Hunter Biden, and just like if Donald Trump’s name was Donald Jones instead of Donald Trump, neither would be prosecuted.”
Earlier, on “Wake Up America,” Napolitano said that the prosecutions are animated by the political firestorms that the two of them are in.
“People on the jury who would favor nullifying, or not prosecuting the case, would argue that Hunter Biden, the son of President Joe Biden, “is a pathetic person, hopelessly addicted to drugs, who harmed no one with the gun,” Napolitano said. “That’s the way the jury nullifiers would think.
Biden is charged with lying on the paperwork he filled out when buying a handgun and ammunition from a Wilmington, Delaware, store and possessing it illegally while he was addicted to drugs. He could face decades in prison if he is found guilty.
Napolitano said that he believes the only defense Biden would have would be to testify that he did not knowingly sign the form believing he was addicted to drugs because he had successfully completed a rehab program.
The jury could even nullify the case if it believes the charges should not have been brought, but that rarely happens, said Napolitano.
The retired judge later on “National Report” discussed the presence of First Lady Jill Biden, Hunter’s stepmother, in the courtroom during the proceedings. He said that the judge could ask her to leave if it was believed that her being there was influencing the jury, but he said that he would hope if that is done, it’s done quietly and away from the jury.
“You don’t make a big deal out of it,” he said. “You don’t want to embarrass her and you don’t want to signal to the jury … it hasn’t happened yet.
Meanwhile, if Biden lied when filling out the paperwork for the gun, that would be the “legal equivalent” of lying to the federal government, said Napolitano.
The judge also discussed a plea deal in the case that fell through last summer, and he said Biden’s attorneys are “kicking themselves” because they didn’t rehearse what he would say at the hearing.
“You don’t just stand up and say, ‘I plead guilty,’ ” he said. “You give an explanation to the judge. When in that explanation he used the word, immunity, that set off a light in the judge’s brain. Prosecutors don’t give immunity. Only the judge can give immunity.”
Meanwhile, Napolitano, when asked about the president promising not to pardon his son, said Biden should have added the words “before the election.”
“Who wouldn’t pardon their own child in a crime where there is no victim, if you had the opportunity to do so?” he said.
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