Former New Jersey Superior Court Judge Andrew Napolitano said that even Hunter Biden's defense team expects the first son to be found guilty, telling Newsmax on Monday that his attorneys are likely looking for victory on appeal.
Napolitano joined "Carl Higbie FRONTLINE" to discuss Biden's trial in Delaware, where jurors began their deliberations Monday in the federal firearms trial. Biden stood trial on three felonies related to lying on a federal form about being addicted to crack cocaine when he bought the weapon in 2018.
"The evidence of his guilt is overwhelming. And much of it comes from his own words, and his own writings, and his own prior admission. I don't think the defense ever expected to prevail before a jury," Napolitano told Higbie.
"They do have a shot in the Court of Appeals, because this very statute under which he is being prosecuted has been found unconstitutional by the 5th [U.S.] Circuit Court of Appeals," he said. Louisiana, Mississippi, and Texas comprise the New Orleans-based 5th Circuit.
"Now, that's ... not the 3rd Circuit, which is New Jersey, Pennsylvania, and Delaware. So the 3rd Circuit doesn't necessarily have to follow the 5th. But the only other federal appeals court to look at this statute has found it unconstitutional. That's probably what their best hope is.
"Either that or a post-election pardon," he added.
President Joe Biden said on June 6 that he would not use his powers as president to pardon his son.
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