“The Bidens’ influence and their power in the state can’t be underestimated," expert tells Fox News Digital
Hunter Biden's defense indicates he won't testify in gun trial
Fox News contributor Andy McCarthy joined 'America's Newsroom' to discuss his reaction to the latest development in the gun case and why he believes it's a 'smart move.'
The jurors set to decide the fate of Hunter Biden might believe that the son of President Joe Biden is guilty of the three felony firearm offenses he faces in a historic federal gun trial – and still vote to acquit him.
Even if the prosecution ably proves its case surrounding Biden’s October 2018 purchase of a .38 revolver from a gun shop in Delaware – it’s alleged that Biden lied on ATF Form 4473 when he ticked a box labeled "No" that asked if he is an unlawful user of a firearm or addicted to controlled substances – the Biden family’s outsized influence in the state, the political leanings of jurors, or a dismissive attitude toward the charges brought could lead the jury to acquit.
HUNTER BIDEN ENTERS DAY 6 OF CRIMINAL TRIAL WITH POSSIBILITY OF TAKING THE STAND
Hunter Biden departs from federal court, Tuesday, June 4, 2024, in Wilmington, Del. (AP Photo/Matt Slocum)
"The Bidens’ influence and their power in the state can’t be underestimated," Heritage Foundation senior legal fellow Zack Smith told Fox News Digital. "But I think the sympathetic issue is the one that Hunter Biden’s legal team is focusing on."
Nearly all the jurors impaneled said during the selection process that they knew someone with substance abuse issues. Smith said it’s likely that Biden’s defense team is hoping to play on those sympathies to convince jurors not to hold Biden responsible for checking the box.
"Particularly, some of the jurors might have had family or friends struggling with substance abuse issues and have some sympathy for Hunter Biden and his substance abuse issues," Smith said.
Such a situation – in which the jury decides Biden knowingly checked the box but still doesn’t find him guilty – is known as jury nullification. It occurs when jurors believe the prosecution has proved its case beyond a reasonable doubt but vote to acquit a defendant anyway.
Hunter Biden, left, arrives with his wife, Melissa Cohen Biden at federal court, Tuesday, June 4, 2024, in Wilmington, Del. (AP Photo/Matt Slocum)
And Smith believes the prosecution has indeed proved its case.
"Based on the charges that have been brought and the evidence produced at trial, it certainly seems prosecutors have done their homework and done enough to convince the jury to convict Hunter Biden," he said.
Still, that doesn’t mean the jury always has been receptive to the facts.
At points during the prosecution’s case, jurors were seen yawning, placing their heads in their hands and even briefly closing their eyes.
The dueling narratives that could result in nullification were on full display during the selection process.
Some jurors noted the high-profile trial was well discussed among residents in a state that Joe Biden served as senator for 36 years and his other son, Beau Biden, served as attorney general for eight years.
"This is Delaware. You can’t swing a cat without hearing something [about the case]," one male potential juror told the court.
HUNTER BIDEN WILL NOT TESTIFY IN HIS CRIMINAL GUN TRIAL
A courtroom sketch depicting Hunter Biden in a federal courtroom in Wilmington, Delaware on July 26, 2023. (William J. Hennessy, Jr.)
Several potential jurors also freely discussed their personal connections to the scourge of substance abuse. Many of those picked for the jury, regardless of racial background, sex or age, said they have a relative who’s struggled with drug addiction or alcoholism.
Biden has pleaded not guilty to all charges.
The potential for jury nullification was seemingly hinted at by prosecutors on Monday afternoon as closing statements began.
Referring directly to members of the Biden family – including first lady Jill Biden – seated behind Hunter Biden, prosecutor Leo Wise said, "people sitting in the gallery are not evidence," and reminded jurors that nobody is above the law.
