Criminal law

Will Hunter Take the Stand? He May Want to Think Twice Before Checking That Box

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.

 

396 thoughts on “Will Hunter Take the Stand? He May Want to Think Twice Before Checking That Box”

  1. Meanwhile, Hunter had been out there doing
    pay for play, probably spying, money laundering, etc.
    This current case is small potatoes, isn’t it?

    1. It is, which is why it even exists. The mafia bosses aren’t about to direct their servants to bring charges in which they themselves would be implicated.

        1. Estovir,
          Fishstick claims this has been debunked without providing a link, or other evidence.
          Personally, while the judge seems to be taking this seriously, I am in wait and watch mode to see how and if this is in fact true.

          1. I have come to rely on Twitter for my news. Lots of physicians, medical scientists on there, whom I follow, and invariably they have opinions on current events. The news about the juror is wildfire both on Twitter and even in the MSM. Whether a mistrial is in order, I haven’t a clue.

            Join Twitter if you haven’t already. I rarely visit the MSM sites anymore.

            1. There is no such thing as Twitter, imbecile. If you are reading from twitter, its old news.

              Hey, check and see what people are saying about priests cornholing little boys. What was that, 2013?

        2. Estovir, it could be. If in fact the juror talked to the cousin about the case before the verdict, that would mean the verdict was tainted by an outside influence, which would undermine its legitimacy. That would be grounds for mistrial. But we don’t know yet if that really happened or if the FB post was bogus. Probably the judge will want to hold a hearing to determine that based on testimony at the hearing.

  2. I predict Hunter won’t be convicted regardless. This is a Wilmington, Delaware jury and if recent events prove anything, the voting habits of the venue’s jury pool matters more than the evidence and the law. Plus daddy put in the jury nullification plea just before trial and the jurors cannot have missed it.

  3. What difference does it make, nor what difference does a discussion about his legal problems make at this point. Our legal system has fallen victim to an ideology that has poisoned our very nation. The “fix” is in for him, just as it was for Trump. The ends always justify the means with this group of thugs.

  4. I love the double entendre that Turley uses here.

    Referring to the “box” that Hunter checked, on the ATF form.

    And

    The other “check the box”, referring to the lame stream media’s claim that Abba forgot to “check a box” in the Trump fraud bench trial.

    The ridiculous claim that a persons 6th amendments rights could simply be nullified by a paperwork error.

    That ridiculous claim was repeated here, by our resident moron, Dennis the Draft Dodger (super “lawyer” extraordinaire)

    I hope he appreciates the shout out to his stupidity by the good professor.

  5. If some dude posting on Facebook says he’s related to a Trump juror, it must be true.

    People don’t just make up things like that on social media.

    1. My second cousin’s best friend knows the sister of a caddie at Bedminster and he tells me Trump wore a pink thong during the Senior Club Championship because it helps him putt better.

    3. Well, my cousin’s best friend’s mother’s hairdresser’s son says it was blue, not pink! You should be ashamed of yourself for spreading such lies.

    4. I know a guy, who knows a guy, who overheard a guy, talking to the bartender, who’s second cousin’s boyfriend’s sister heard a caddie tell a bartender who’s uncle’s ex-wife’s dog walker saw Trump put on a sweaty pink thong in the locker room before the Senior Club Championship.

      1. My brothers sisters cousins aunt knew her brothers uncle who knew a guy that was the brothers sisters wife that said Trump was a cross dresser who liked angora sweaters and wearing pink panties on the campaign trail.

    5. I am the cousin of the housekeeper for Donald Trump. And he told me that Melania left him 3 years ago for the pool boy.

    6. You mean to tell me she broke up with the doorman at Trump tower?

    7. My cousin told me it was actually Donald who left Melania for the pool boy

    11. My dog walker knows Melania and she said that Donald takes a dump in the swimming pool at Mar a Lago because he can’t figure out how to get out.

    12. Well, my friend’s uncle knows the sanitation engineer who picks up the garbage down the street from Mar a Lago and he said he overheard Trump’s lawyer’s girlfriend’s mother saying that Melania has already got a place lined up in Slovenia for when Trump skips the country.

      1. I know someone in Europe that attended a wedding in South America where they talked to the bride that heard from their cousin that someone that knows someone else can confirm that.

    13. I met this guy queuing at the bus station who says that Trump has Elvis chained up in a basement in Mar a Lardo!

    14. My uncle’s pastor’s daughter’s pool cleaner’s 2nd cousin is in charge of ordering the ketchup for all Trump properties and he says he’s had to work a lot of overtime lately.

    15. My nephew’s best friend is a cousin of Melania’s hairdresser and he heard a customer say that she is tired of finding dirty diapers all around the house and she’s leaving Trump after the election.

    16. My grandfather’s neighbor’s uncle’s mechanic’s doctor’s sister’s accountant’s pet sloth was juror number 7.

    17. I was having affairs with three of the jurors during the trial and none of them mentioned this, but two of them did say that aliens have been among us for years.

    18. Abe Lincoln warned us there would be days like this on the internet.

      1. What i love is that this commenter is too stupid to even know the beat use of his time.

        He puts his spastic streams of idiocy at the top of the page, instead of inserting them in the middle of ongoing threads. Easy to scroll past his no sense that way.

        Hint, dum dum. I give you this clue in the hopes you will keep it up (but get better at it). It can only hasten the day when the likes of you and Dennis will be excluded by a paywall.

        But sincerely Elvis, these tantrums leave you looking seriously ill. Please get some help.

        1. The people who pay Dennis to be here would pay for him to be here.
          If it’s just his TDS that makes him write and post his nonsense,
          he’ll pay for it himself. To keep using the place to yell into the void.

    20. C’mon guys.

      Ya gotta admit this stuff is WAYYYYYYY better than the interminable, pseudo-intellectual psycho-babble that passes for “legal analysis” on this absurd blog.

      Feel free to insult me.

      I will grade each insult appropriately.

      1. C’mon you bunch of maga morons, stick it right here in my little pink sphincter. You know you love routing out my shit hole!!!

        I am the gayest fvck you maga morons have ever met. Say it! You know its true!!!

        Let me eat your shit and i will grade you on it!!

        And my hands are unusually large too!!!

          1. No i dont you maga moron!!!

            I can handle 4 of you at one time!!

            One in each of my unusually large hands, one in my big mouth, and one in my swollen shit pipe!!!

            Come on!!

            Which of you maga morons on this absurd blog wants some of this!!!!

              1. Absolutely NOT!!!

                My life is worthless, thats why I am here!!!

                Now give me that huge maga dick right here in my bung!!!

                You know you cant resist!!!

                See, when no one responded to my spastic string of posts, then i tried taunting. And look, it worked!!!!

                I win i win i win!!!

                Look mommy, aren’t your proud of me?? I won!!!

                These maga morons are gonna keep me satisfied for a long time!!!

                Arent you proud of me, mom???

                  1. No no no goddam it. This is Elvis Bug/ turdrunner, the guy with the unusually large hands.

                    You maga morons are too stupid to even know who i am. You cant tell by the syntax. Ha ha ha i have laughed at you retards about that for a long time!!!!

                    Now get over here, and shove that big beautiful maga cock in my wet mouth!!!

                    Let me lick the shit off your dick after you cornhole me, and i bet you will never again forget who i am!!!

  7. Hunter cannot take the stand because he will be asked by prosecutors about the photo in which he is nude and holding a 9 mm automatic pistol at his side. That photo is on his laptop. He is charged wuthg a Colt Cobra, a revolver that is markedly different from an automatic. Hunter wiould have to have a good answer for the automatic or be forced to admit having another gun improperly. No, he will remain mute.

    1. Small problem for you Junior….that is a BB gun…not a real firearm.

      Google is your friend.

  8. I think putting Hunter on the stand would be a very bad move by the defense.

    1. Turley knows Hunter isnt taking the stand. It seems he was low on material for the weekend.

      I do feel that the prosecution should have spent waaaay more time on the sordid details of his addiction. In the interest of proving that he wasnt just an average crack addict. Showing the danger he was to those around him would be relevant to overcoming any “constitutional” defense against the unlawful possession charge.

      I guess i am also curious why he wasnt also charged with drug crimes, including intent to distribute, which he did a lot of.

  9. “Will Hunter Take the Stand?” what kind of question is that – His Step-Mommy, Sister-in-Law, Sister, Uncle, …
    have all testified he’s a Drug Addict, whom knew he was a drug addict when he was in a moment of clarity and checked the ATF Box.
    Guess What – Once an Addict always an Addict. He knows that to from his California rehab.

    Natasha and Svetlana need to be called to the stand and given some questions as to his; Drug Use, Taurus Semi-Auto, Juicy details of his exploits, the continence of his toiletry bag and source of his Cash? (Oh Yeah! – Natasha, Svetlana, and Dealers got paid in Cash).
    The Secret Service and FBI have his ATM and Bank records, so Drug purchases should be easily lined up and corroborated.

    He’s not worried, Daddy has begun to put on the “I’m feeble and forgetful – I’m an Old MANNNNN act, so when the time comes in 8 months, He don’t know how Hunter’s Sentence Commute was signed. The patent “I Don’t Recall” routine…

    Will Hunter take the Stand – HA!

    1. Hunter not only violated the ATF Rules once, he violated them twice. Once with the .38 Colt revolver, and again with the Taurus 900 series semi-automatic pistol. Of which he believed he needed when making Drug Deals and hosting Hookers.
      “Oh come on MANNNNN” Sez the Prez

  10. Knowing the MAGA world will not believe it, watch the ABC interview on D-day. President Biden has already said a firm no on a pardon for his son.

    1. And Joe Biden would never lie. Just ask his uncle that was eaten by cannibals’.

    2. Look, fishysmell got a small promotion today. He gets to reference a fake interview by ABC News.

      Watch as he implies that “this time, Lyin’ Joe Biden is telling the truth!!”.

      You have my sympathies, fishy

    3. After all his years of lying, you now believe him?
      I got some ocean front property to sell you in Topeka KS.

    4. Joe also said in that interview that the inflation rate was 9% when he took office and that “erectionists stormed the capitol on July 6th”.

      He also repeated that Hunter is the smartest person he knows and that he has never met Devon Archer.

      He also said he has known Vladimir for over 40 years, which dates to when Putin was undercover KGB in New Zealand posing as a shoe salesman.

      1. I understand how hard it is for you all to accept reality. But, Ignorance is an opinion lacking information. And, stupidity is an opinion that ignores a fact.

        1. But the reality is, Biden did in fact claim the inflation rate was 9% when he took office.
          The “erectionists” thing is just his failing mental state showing.
          He did say Hunter was the smartest person he knows and never met Devon Archer.
          Biden did say he has known Putin for over 40 years. Another example of his failing mental state?
          That is all factual reality.

        2. “I understand how hard it is for you all to accept reality. But, Ignorance is an opinion lacking information. And, stupidity is an opinion that ignores a fact.”

          ^^^^^hey everybody, say this in the voice of beaky buzzard

          Preface it with “uh yup, uh huh yup”

          If you can get thru it without laughing, let me know.

          Fishtard, what a guy!!

    5. “But “maga world” will never believe it”

      Lmao, well, the whole goddam planet outside of your igloo, must be maga world.

      1. In reality, the whole g**dam planet outside of Putin and other dictators think Trump is the biggest assho** on the planet.

        2. Oh, fishtard, don’t sell your self short. YOU are the biggest ass hole on the planet.

  11. Just this week our Stasi DOJ arrested a whistleblowing doctor for the crime of whistleblowing about his Texas hospital continuing to put minors through “gender affirming” SURGERY. Does anyone know of any other DOJ indictments for HIPPA violations? I thought whistleblowers were sacrosanct?

    Does anyone think that the DOJ would be as aggressive against a party being a whistleblower if they were speaking out against someone participating in hiding abortions where they are banned?

    Aa 75 year old woman in a wheel chair was sentenced to 2 years in prison for praying as a way to block an abortion clinic while young healthy hamas supporters are not sent to prison for blocking a major highway and preventing people from getting to the airport.

    Maybe is someone being blocked by hamas supporters on a highway can prove that they were heading to get an abortion and not just flights to see family, take vacations, bury parents etc etc, our DOJ would act.

  12. A comment was posted May 29 on the NY Unified Court System official FB page stating that the poster’s cousin, who served on the Trump BS “hush money trial” jury, had told him that the guilty verdict was already decided. Jury deliberations began late on May 29, the verdict was not rendered until May 31. I find it very interesting that the jury asked to review testimony from two critical prosucution witnesses on May 30, THE DAY AFTER that comment was posted. So, it seems that, as many of us suspected, the fix was already in. Judge Merchan has notified both the defense and the prosecution that the matter has come to his attention. The inquiry into and disposition of this allegation by Merchan demands our full attention. I wonder why Jonathan Turley, after devoting an immense amount of space here to the trial, apparently does not think that this development is worthy of the merest mention?
    Mistrial? Trump ‘Hush Money’ Judge Suggests Juror May Have Had Predetermined Guilty Verdict
    https://www.zerohedge.com/political/mistrial-trump-hush-money-judge-suggests-juror-may-have-had-predetermined-guilty-verdict

      2. Each of you has their job to do, eh fishysmell?

        The part you play, of the brain dead goon who has to blurt out nonsense like a Tourette’s sufferer, has got to gall you.

        Dont worry, soon you will get promoted to Svelaz-George status, and will be allowed to post “no, uh-uh, thats not what Vox says!”, 40 times a day.

        Hang in there, detritus, your day will come.

      3. Can you provide a link from a credible source that proves it has been debunked?
        No sarc implied, seriously would be interested in reading it.

      4. FishWings said: “That post has been fully debunked.”

        I just did a fresh web search using multiple search engines, and found ZERO evidence or even contention of your allegation. However, if you are incompetent at evaluating web search results, I can see how you might have conflated some of those that were about Merchan’s jury instructions with what I cited. Just a tip: the primary criterion for successful web searches is literacy in the langauge used for the query.

  13. What I find interesting and saddening is that no one ever wonders how Hunter got to be such a mess. He is the epitome of a trauma survivor who didn’t really survive. He has had to carry the can for the Big Guy for much of his life and he’s having to carry it now. It doesn’t matter, in any kind of material sense, if Hunter is punished for his crimes. It does matter that Joe Biden is held accountable for his. His relations with China and Ukraine have compromised him irremediably and yet conservatives appear to be content with the sacrificial goat. I’m not saying Hunter is a nice person. But in psychological terms there is something called a “presenting member” of a dysfunctional family, the weak link that exposes all the toxicity. Unfortunately, many people assume that the weak link IS the problem as opposed to a red flag OF the problem.

    It should be clear to everyone by now that this image of Joe as a benign grandfatherly figure is far from the truth. He is an evil, ruthless doppelgaenger prepared to sacrifice his own son to detract attention from his own crimes and from his unprincipled and unprecedented persecution of his political opponents.

    The real question is: will Turley vote for Biden again?

    1. The things Biden’s daughter wrote in her diary are disturbing, as well.
      Nice family. With Hunter using the name ‘PedoPete’ for his dad.

  14. Given the absence of exculpatory or even mitigating evidence, one wonders what strategy Abbe Lowell is pursing . . . because jury nullification isn’t a strategy . . . it’s a Hail Mary pass!

    1. I disagree in this instance Ken. It is a very good strategy for the reason you point out (lack of exculpatory) and others, such as the jury pool.

      Dont forget, it only takes one, and in Bidenton, that one doesnt need courage.

  15. This case is similar to but the opposite of the NYC case against Trump. Jurors looking to find Hunter other than innocent had better be planning to leave Delaware. The most remarkable aspect of this case is the judge, Maryellen Noreika, who insists on impartiality. Ah… Just like in the olden times. Of course, she is toast down the road.

    While the Kennedys formed a dynasty in Massachusetts, the Bidens have formed a local crime family.

    1. gdonaldallen said: “While the Kennedys formed a dynasty in Massachusetts, the Bidens have formed a local crime family.”

      That is a very questionable distinction. You do know how Joe P made his money, don’t you?

  16. As the mother of an addict, I know that they go through a lot when they get sober. Part of that is facing the consequences of their actions, not necessarily proudly but as part of the process. He is not done if he can’t do that. He continues to stand behind people’s excuses. He had a chance to get a deal which he should have.

    1. Unfortunately, its not simple addiction that leads him to make excuses and not want to face consequences.

      He is a Biden. He was raised to believe that he is better than everyone else and that he deserves special treatment. The same entitlement he felt when committing the crimes, compels him now to avoid facing them.

      There is no antidote or treatment for narcissism.

  17. The way the Left protects this pathetic loser should be a lesson to the Party of the Stupid, who are always prompt and eager to discard any of their peers and join in their destruction at a moment’s notice, such as George Santos, who was a Republican vote, regardless of his bizarre faults. I’m quite sure the Left privately seethes over the unforced errors committed by this stupidest of the Bidens, which is quite a distinction in that family of imbeciles. But they will never abandon the doofus, as long as his idiot father is still of use to them.

  18. I would agree with the professor. The key thing about drug addicts is they have absolutely no qualms about lying through their teeth to defend their addiction and get their drugs. They also will blame anyone, up to and including pharmacists who try to block prescriptions or won’t fill forged prescriptions and family who are trying to help. It permeates their entire persona.
    Hunter lacks impulse control, he is blatantly arrogant and feels privileged and entitled to the hilt. As well as the alleged lies told to congress. If he has lied to his family, he’ll lie to a jury. Looks like he already induced his daughter to lie for him. Knowing and treating these people, I would say he should never come within 10 feet of a witness stand. I would also say that there are better than even odds he will lie on the witness stand and get called on it and then blow up. These people destroy whole families while putting those same well meaning families through hell as they try to help these lost souls. Rarely is there a good resolution.
    I was always coached by attorneys in malpractice cases or as an expert witness in other cases to not show arrogance (doctors have a real problem with that sometimes), talk to the jury in a straight matter of fact style but don’t be simplistic either because that could insult them also. Concentrate on being a real person having a conversation with the jury.
    Politically I hope he gets on the stand and blows up the whole Biden clan and pisses off the whole courthouse but thats just me.

  19. “ The people that are brainwashed and lied to, will reject any evidence that they have been, brainwashed and lied to.“ Author Unknown

  20. Hunter has nothing to worry about Garland will protect him
    Seeing Bannon Jailed for contempt of congress while people like Hillary, Holder, Hunter, etc walk free…is a DIRECT example of Democrat Fascism!

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