and we ll decide what happens next. former fbi special agent geewart kaplan joins me now. we ll get to the jury in a secondur, but i think we just heard that the defense is going to claim that the fbisi form was doctored. do you think that is a defense that s going to seem feasible, jesse? that is an atf 4473 form, that document does not in any i way get transmitted to the fbi. wait goes through the atf database from the gun seller, meaning the gun store. the only way that atf 4473 camep into the possession of the fbi i is when there was an investigation that was initiatewhen t ad to look into the veracity of whether or not hunter biden, in fact, filled out and the truth and the
to a controlled substance and that he possessed the firearm while he was a user or addict to a controlled substance. on the government s side, straightforward. they ll introduce evidence you don t normally have in these cases which are very rarely brought. it s like his own words in his memoir. exactly. most criminal defendants have not written a memoir that the government can mine for statements that are harmful to the defendant. you don t normally have this much evidence of addiction from the defendant himself. so that s why the government sees this as a case that is easier to get a conviction in. they re basically going to lay out the form, the 4473, the statements by hunter biden, any other evidence that shows he may have been an addict at the time he possessed the fire rm a and the tiement he made the statement he was not an addict or unlawful user. the defense s case a little tougher. they may argue, given a little forecast, for example, they might argue that hunter at the
todd: an interesting moment playing out during a hearing on capitol hill yesterday. watch. if a person lies on form 4473 and user of unlawful drugs, you can get between five and 10 years for now. what is that sentence now. up to 15. up to 15 years. why hasn t hunter biden been prosecuted for the crime that he committed? i m not aware of the facts of that case and can t comment on it. ashley: oh, boy, joe concha joins us now. why do you think he has not been reasonable doubt auto. hunter biden is going on a book tour next month. i can guarantee you any questions around him lying on this this particular form will be omitted and he will be portrayed as a victim by evil republicans out to get the president. the bottom line is that he did lie on that particular form. but, more importantly, the bank record story. right, that we have been talking about this week.
punishments. guess what? for crack cocaine users. joe, does that apply to hunter? here s a quick trip down memory lane. if you have a piece of crack cocaine no bigger than this quarter that i am holding in my hand, one quarter of $1, we passed a law for the leadership of senator thurmond and myself and others, a law that says you re caught with that, you go to jail for five years. you get no probation, you get nothing other than five years in jail. judge doesn t have a choice. sean: almost looks like hunter had what would be 25 years worth of stuff to go to jail, and here s where it gets even more interesting. remember last year we learned that hunter purchased a gun from a licensed firearm dealer back in 2018, wrote on his 4473 form no, he was not a user of any
in las vegas or is killed by police, as happened in dayton. what s almost most obvious, what we don t hear in the filing is as glaring as what is filed. they re charging him with unlawfully using a controlled substance and falsifying information on a form which basically requires you to say, i do not use drugs while i m purchasing this weapon. so he falsified that. but they re not charging him with making a straw purchase. remember, a straw purchase is where somebody buys a weapon legally and provides it to somebody who s unable to own or possess that weapon legally. so in this instance, he has not been charged with that he s just charged essentially with falsifying the 4473. got it. we re going to way for the news, james and gary, stand by. and as soon as we see dayton law enforcement officials there, we ll take it, any moment now. but i do want to get to the breaking news out of hong kong,