first, special counsel david weiss, much criticized for his handling of the hunter biden case, now kind of slips in under the wire here before the time runs out accusing the president's son of illegal gun procurement given that he was on drugs at the time. these charges could hold a hefty maximum jail time, a first time offender. the max would be 25 years in jail. hunter's lawyers claim the agreement that could have kept him out of prison, they say it should still stand and no doubt they will continue to argue that. we've got all of this breaking news ahead. we're going to take to bill mcgurn of the "wall street journal," andy mccarthy is here and clay travis and matt whitaker. first to david spunt who has been breaking news on this all afternoon. let's go back to him for the latest. >> good afternoon, martha. we knew this indictment was coming soon because special counsel david weiss' office said in a filing a couple weeks ago they intended to indict before september 29. we didn't know it would be today until a couple hours ago. hunter biden is facing those three felony counts, two of them are false statements. the first is a false statement lying on a federal gun form saying that he was not using or under the influence of narcotics or addicted to narcotics. the second is lying to an employee at the gun store in wilmington, delaware where he purchased that gun. the third is possessing the gun. according to a special counsel's office, hunter lied on a federal form in 2018 to purchase a gun when he said he was not addicted to any drug or controlled substance when he knew that statement was false. the second charge is that false statement. as you mentioned, up to 25 years. count one. up to ten years in prison maximum. $250,000 fine. count 2, up to five years in prison with a $250,000 fine. count 3 up to ten years imprisonment with a $250,000 fine. hunter biden and the doj hoped to avoid this day when they met in court in delaware on july 26. we have those court sketches right now from that day. the plea deal fell apart in a public way when the government would not guarantee that after signing the deal, hunter would be immune from any future prosecutions. hunter's attorney, abby lowell is pushing forward with the diversion agreement. lowell says it was valid because it was signed by both parties. special counsel says it's not valid and would not keep hunter biden out of jails. i reached out to abbey lowell. have not heard back. david weiss indicated in august that the tax violations could be recharged. he could indict or take those to trial in california where hunter biden lives or here in washington d.c.: so possible this is not the only indictment that we see for the son of a sitting president, martha. >> martha: we heard from the irs whistle-blowers that said that they uncovered felonies that were back burnered essentially and they went away. david weiss said he didn't have the authority according to their testimony to pursue those charges. they didn't have the last say on it. now he's a special counsel in this case. there's pressure on him to clear his reputation where this is concerned. david, we'll continue to follow this with your help. thanks very much. reporting from the justice department. breaking right now, new reaction that has just come in from former president trump on truth social writing this: the gun charge is the only crime that hunter biden committed that does not implicate crooked joe biden, he writes. one down, 11 to go. the democrats with all of their horrible very infair. >> john: illegal witch hunts have started a process that is very dangerous for our country. they have opened the proverbial pandora's box and it's possible the usa will never be the same again. so sad with exclamation points writes the former president. with that, we bring in bill mcgurn, a fox news contributor. bill, good to have you with us as always today as this news is breaking. we just heard from the former president. i want your thoughts on that. first, your top-line take on this indictment today for hunter biden. >> well, my top line question is, why weren't these charges brought in the first month of the investigation by david weiss five years ago? this is ridiculous. it raises more questions about the justice department and david weiss than it does about hunter biden. as my friend, andy mccarthy has written, david weiss has let the more serious charges lapse from the statute of limitations. so i think what this does is show why it's even more important to have the inquiry to find out what was going on with hunter and how much was his father involved. >> you know, this is the question. whether or not -- you think david weiss is trying to save face here at this point with this charge or vivek ramaswamy came out awhile ago and said don't believe what you're seeing here. this is david weiss protecting the bidens all over again. what do you say to that? >> i think there's a good case for it. look, he let these -- the statute of limitations lapse on the more serious charges. he was going to give hunter an immunity deal, which not only was he going to try to hide in a curious legal way. again, i think andy can speak to that. we're not going to get justice from the justice department on any of this. we have to ask some questions that haven't been asked. this has been a multiyear investigation. this is what they come up with? it just -- you know, begs the question, why wasn't it done earlier if they're doing it now? a special counsel's job is not to vindicate his own reputation. should be to get to the truth and file charges accordingly if they are merited. i think now we're in a clean-up operation. >> martha: yeah, you make a great point, bill. when you look back at this, this is such a simple issue to charge, especially after the laptop came out. you have him doing drugs and holding the gun. so i don't know how much more evidence you need when you're investigating this to know that he was doing drugs around the same time that he was brandishing that gun on those images and then think back politically, bill, to the fact that now president biden stood on the debate stage and looked at that evidence, was confronted with that evidence of that laptop and said it was russian disinformation. so what does he say about that now, bill? >> yeah, i think it's interesting. the white house is officially saying the impeachment inquiry is based on lies. but it's not lies what they've uncovered. joe biden is the one that has lied. he lied when he said his son took no money from china. he didn't hedge it. categorically denied it. hunter admitted in court he took money from china. he used the talking point he just referred to that was cooked up by the former intelligence people just for joe biden to use. it was also a lie. the laptop wasn't disinformation. he's fought every attempt to gather information to get at the truth. most recently we're reading that he's set in a war room to fight the impeachment. i think if you really are innocent, he would welcome an inquiry as a chance to clear his name. he could say, you know, when this -- when they finish with their investigations, i'm confident that they will find we did nothing wrong. instead, he said many times hunter did nothing wrong and changed his own story about how he knew nothing about the business that -- to i wasn't directly involved. so i think joe biden is at least been very misleading about this. he's not been called to account by a largely compliant press. >> we'll see what happens with the american public because they thought all this was going to be gone. kind of wiped their hands clean of it heading into the election. that's not the case. we'll see where it goes. thanks, bill. bill mcgurn from the "wall street journal." andy mccarthy is back with us, former assistant attorney and fox news contributor. great to have you with us once again. what about this push back? you hear the pushback from president trump, this -- that this is sort of the only charge david weiss has attached himself to that doesn't connect to president biden. you can see similar sentiment coming from james comer on the hill. are they making a good point? >> absolutely a good point. the most interesting and important information that has come out in connection with the investigation has been the information about foreign payments in to the biden family coffers. look, the hunter biden gun case is an interesting case. it's not really of great national consequence other than the fact that he happens to be the president's son. the other conduct, we're talking about tens of millions of dollars connected to regimes that are both corrupt and anti-american that ended up in the pockets of the biden family and networks explicitly sold under what they refer to as the biden brand. obviously they were selling his political influence. that's the important thing in terms of national security. >> martha: it has been raised, $20 million and for what exactly? what did those companies get for their $20 million. david weiss has said the rest of this investigation is ongoing. you just pointed to some of those elements. we know the laptop is obviously real, which has been reported many times now. now you have a gun charge that is build on what is on the laptop, what happens to the rest of what is on the laptop, andy? further substantiated when you have the e-mails that went from devin archer and tony bobulinski when they talk about the path of this money? >> martha, remember when those e-mails were? i believe that the tony bobulinski ones which were in connection with the cefc transaction, those are 2016, 17. the way that weiss has handled this case, there's a five-year federal statute of limitations for almost every crime, meaning money laundering, fara violations. other than that, a six-year statute of limitations for tax. everything tax-related prior to 2017 is gone. everything else prior to 2018 is gone. >> sandra: so yes, we're seeing all kinds of very damning evidence come out now, but what i think people have to ask here is the biden just it's the department knew about this information, most of it five years ago. that fbi informant, that was 2017 that guy was interviewed. the laptop, we knew about in 2020. i mean, all this stuff goes back a long time. >> martha: yeah, that's why -- it's the most important point, really. so the sort of back-pedalling for five years means that most of this stuff can't be touched anymore. so the only thing that could and he got it in understood the deadline is this gun charge. so it follows that we may see nothing after, this because he's a first-time offender, he may get off. he might have to do probation, a fine, something like this. this might be a big nothing. >> yeah, you know, when the prosecutor is ready to actually dismiss the case on a diversion, the defense has a very good argument at sentencing that the guy shouldn't do any time. >> martha: andy, thanks. with that, we bring in clay travis here. also want to mention president biden is about to speak for the first time since this indictment. we'll broing in clay travis to join us. good to have you with us as we await the president here. no doubt he has a lot on his find. the focus is proving to the american people how well the u.s. economy is doing. he may have an opportunity to pardon his son from these gun charges. i want to start by playing this sound bite. it's a throwback from karine jean-pierre on that and get your thoughts on this. here that is. >> about a dozen crimes that hunter biden has committed. ironically -- >> presidential perspective, is there any possibility that the president would end up pardoning his son? >> no. >> is there -- i just said no. i just answered. >> martha: she said no to the pardon question. sort of a definitive answer, the likes of which we don't get often from karine jean-pierre. your thoughts on this, clay. >> yeah, the president himself needs to answer that question now. i think this is the most consequential aspect -- thanks for having me on -- of these charges being filed. i love andy. we have him on the clay and buck show a lot. he's been forth right about the need to be an indictment. once you have a felony indictment brought like this, it is very reasonable, i think, for every media member to be asking the president of the united states, will you or won't you pardon your son? how many times, martha, have we seen republican presidential candidates ask in the wake of donald trump being charged with felonies whether or not they would pardon him in the event that they win the presidency. joe biden is already there. he could come out tomorrow and wave the magic wand to pardon his son. it would end him politically, but it's an important question that needs to be asked. i think several things here, martha, in a big deal. we need to give credit to the house of representatives. without them doing this investigation, there would have been a sweetheart deal that was signed off on without the irs whistle-blowerers and the hard work being done by the house of representatives. this is the result of winning the house in 2022 by the republican party. second, the judge. noriega. if she rubber stamped this deal, it would have gone on. that's what we want a member of the judiciary do to hold the powerful accountable. she refused. now they have to bring the weiss special counsel all of the felony tax charges as well and they need to get those indictments down immediately so that the statute of limitations doesn't run out there as well. this is a big deal. the bigger deal is getting the tax charges all officially filed as well. >> martha: let's play number 7, this is a montage to remind everyone what the president has said he didn't know about what his sons up to. watch this. i did not know he was on the board of that company. >> i never discussed my business or their business, my son's or daughters. >> i have never spoken to my son about his overseas business dealings. >> i never discussed with my son or brother or anyone else anything having to do with their businesses, period. >> martha: so poll after poll, clay, now shows that the american people -- majority of the american people don't believe that. most of them believe there was something illegal that was happening with regard to these transactions. what is the impact as the president walks out there in less than two minutes now, to tell people, the country is doing great, are they losing faith in him? confidence in his credibility? >> yes. yeah, i think they are, martha. remember what joe biden ran on was i'll restore honor and decency to the white house. he's failed. this is important for the media there with joe biden right now. they can't say that he's not been involved in the criminal behavior of his son. there's a lot of evidence. now, if you want to argue there's not enough to charge him criminally or the level of his behavior does not rise to criminalality, that's different. in my opinion, if you look at richard nixon or bill clinton and if you look at donald trump, joe biden is credibly accused of more serious consequential felony behavior than either of those three men ever were combined. so for "the washington post," the paper of watergate and "the new york times," for them to remain willfully bind here is a direct assault on democracy itself and their role as a steward of it. the question is are they now embarrassed enough by these revelations. >> martha: thanks, clay. sorry to interrupt. the president is starting. see what he says here. >> sade, i told her when she walks off the stage and she's president and they say joe biden is out in the waiting room, she promises she won't say joe who. do you have seats? okay. i once said that early on in any tenure. everybody take a seat. none of them had seats. you guys are impressive. three of you are really close friends. one is about to become a close friend. gov, my problem is your biceps are a little small. you're not in very good shape. i'll work with you. see what we can do. really and truly, thank you, thank you. i appreciate it very much. senator ben cardin is -- i hate to say public servants, but it's true. i judge my colleagues over the years based on not just intellectual capacity and decency but their integrity. the minute you have here have incredible integrity. integrity. it's just amazing. chris van holland is one of the reasons i got elected haven't. he did my debait prep for me. steny hoyer, he and i share the eastern shore of delaware and the western shore of maryland. that whole area in there. i keep telling him it's part of delaware. [laughter] david, thank you for being a great partner. you've been great as well. thanks. i appreciate it. prince georges community college, thanks for welcoming us here today. as many of you know, my wife is a professor at a community college. [cheers & applause] as a matter of fact, she's teaching today. she has an expression. this is the god's truth. my country that outeducates us will outcompete us. work you do here preparing students to compete in the economy of the future is real. it matters. this summer i traveled to chicago where i spoke about a fundamentally changing american economy. from an economy that for decades rewarded those that are at the very top and left everyone behind, on their own basically. one that gives working people in this nation not only a fighting chance, that they didn't do. had the trickle down economy. not a lot i grew -- we weren't poor but we had a three bedroom house with four kids and a grand pop living with us. i didn't see a lot of trickle down in my dad's kitchen table. you know, everybody deserves a shot of building the lives for their families. we've done that. for the first time in a long time, we've climbed out of our great economic crisis. it's beginning to work for working people. this nation is very rich. we have -- we have benefitted the most has been the very rich though. not everybody. that's how -- that's not how it should be. the new economic vision has been labelled by those in the "wall street journal" and the london economists and more conservative press as bidenomics. they didn't mean it as a compliment at first. but now they're getting it. [laughter] what is bidenomics? it's about investing in -- i feel like -- i'm going to try not to repeat my colleagues have already said. it's about investing in america. investing in america and investing in americans, american people. it's about growing the economy from the middle out and the bottom up. when the middle class does well, the poor have a have a ladder urn and the wealthy are doing well. i'm a capitalist. you can make a billion dollars, go get it. just pay more in taxes. [applause] look, our friends, our friends on the other team, the other side of the aisle, they have a different vision for america. by the way, you have this book on your table, on you remember chairs. maybe not. did my staff and this out? you have the little one. i'm the only be presidentwho hands out the opposition's economic plan. you think i'm kidding? protecting america security, fiscal year, 2024. the budget of the study committee -- and it goes on. this is the megabudget. i want you to take a look at it. why have other copies. if you don't, we'll get you some. since i've come to office, all they have is -- >> martha: we're going to keep a close eye on that. the president doing warmup comments there. we are going to be speaking with jared burnstein, his economic adviser in a short while. we will kind of loop back to the highlights of the president's comments on the economy and then we'll bring in jared bernstein. meantime, a brand new statement from hunter biden's attorney, abbe lowell that has just come in. it says "as expected, prosecutors filed charges today that they deemed were not warranted six weeks ago following a five-year investigation into there case. the evidence in this matter has not changed in the last six weeks, but the law has and so has maga republicans partisan interference in this process ", he says. jacqui heinrich reporting live. good afternoon. >> hi, martha. not surprising that we didn't hear the president address any of this. the top of his remarks. the white house has really been trying to keep their focus on the president governing and put his son's issues in a silo referring all of our questions to the white house -- to the doj and to hunter biden's personal attorneys. the only concrete answer that we've really gotten about how the president might handle his son's case came in july. listen to this. >> presidential perspective, is there any possibility that the president would end up pardoning his son? >> no. i just said no. i just answered. go ahead. >> for as hands off is the president is, hunter biden's attorneys have suggested in court the president would be hands on. politco reviewed 300 communications between prosecutors and hunter biden's legal team as they drew closer to bringing this gun charge in which hunter's former attorney, chris clark warned if the doj would charge the first son, his lawyers would put the president on the stand. president biden now unquestionably would be a fact witness for the defense in any criminal trial. clark also pushed for that plea deal arguing a trial would create political chaos that would pit the president about his own department of just at this time writing this of all cases justifies neither the spectacle of a sitting president, for the potential for a resulting constitutional crisis. in white house statements and interviews, the president has tried to tread lightly. he said he loves his son but he's come under fire for the other comments that he was confident his son did nothing wrong. a couple of folks, critics, looking at that as an improper signal to the department of justice that they shouldn't bring any charges. that landscape has evolved. plea deal was arranged, fell apart and now we're here even as the congressional investigations have continued that draw the president in to this and even with the impeachment inquiry, we've not gotten a comment from the president on that either, mash that. >> martha: we'll look for that opportunity. thanks, jacqui. so joining me now by phone, karl rove, former chief of staff and a fox news contributor. karl, welcome. good to have you with us. thanks for calling in today. your reaction to this news on hunter biden. >> well, it had to happen. it was a clear violation. he filled out a form that his last name was not biden and he lied on it like he did and it was found out, he would have been charged a long time ago. it's an unfortunate situation for the president of the united states to have his son indicted, but his son violated the law, lied on his gun application and possessioned a firearm illegally and now he has to pay the price. >> martha: what do you think happens politically? there's every expectation on the part of some that look at this that this could develop in to another agreement, that maybe none of these other issues go anywhere, that this gets it off the table for the president as he looks ahead to running again for 2024. >> well, we don't know whether or not they can come to an agreement. pretty egregious violation. and we now know from two irs whistle-blowers that this investigation, that was not only about buying a gun illegally, but about paying his taxes that he came understood pressure from the department of justice, the figures at the department of justice who have been staying away as far as possible from an irs investigation let alone the president's son. so we don't know where this is going to go. there's got to be a standard of justice that applies to everyone. because you're the president's son and you've had a problem with addiction, you should not get away scot-free, which is what the original agreement looked like and fell apart because hunter biden's defense lawyers insisted that he also get out of jail card free for any additional violations that investors came up with. you know, one of the interesting things to me is you know, how badly handled this was by the white house and hunter biden. what if he popped up and said, you know what? i didn't pay my taxes on the burisma income, 400,000, 500,000 in taxes. i'll pay that. i'll plead guilty to tax misdemeanors and i'll do this and do that. try to put it behind them. instead, his lawyers tried to pay cute. try to get a get out of jail card free. we're going let the statute run on the failure to pay taxes on burisma. >> martha: all right. i think karl's audio is breaking up a little bit. all right. so my thanks to karl rove for calling in. a little difficulty with the phone call there. we thank him for joining us. texas republican chip roy is joining us now. congressman, good to have you with us. what is your reaction to this news today about hunter biden and where do you think it all really goes? >> yeah. hey, martha. can you hear me? >> i can hear you fine, sir. >> yeah, so as a former federal prosecutor of people who have trafficked guns, the fact is that this is clear that hunter biden has violated the law and he's been indicted for it. where there's smoke and fire around hunter, probably a lot of smoke and fire around the president, joe biden. so i'm deeply grateful the judiciary committee is moving forward. i'm glad we have an impeachment inquiry. hunter biden was deserving of this. i'm glad the judge saw through the sham deal in july. >> martha: it's interesting. there's division among republicans on the hill about whether or not this impeachment should be pursued or the inquiry at this stage should be pursued. but in talking to andy mccarthy moments ago, he's saying how they just dragged their feet on this for so long the limitations have run out on the tax charges. that's all that he was left with, was this gun charge. may be that david weiss feels as though he can pursue this gun charge, it's the first-time offense, maybe a fine, maybe it's probation. nothing comes of it. they can move it aside. because of that, do you feel that's why it is important to pursue this inquiry on capitol hill since the department of justice doesn't seem to have taken it all that seriously? >> yeah, no question. the department of justice not only have they failed to take seriously what's gooing on with hunter biden with respect to the gun charges, the tax charges you laid out, andy has been writing extensively on the extent to which they allowed that to lapse and get past the statute of limitations purposefully. what we're seeing with the oversight committee and the judiciary are seeing now that we see the whistle-blowers coming forward, devin archer's testimony, we know the truth that joe biden knew full well the business associates of hunter biden, knew full well what was going on and frankly what we believe a resipient of the benefits of it but certainly at the center of the dollars flowing to hunter. so now -- this is what the american people don't know. we haven't had the benefit of the department of justice helping us out. we have not gone after a lot of this information. now we can go look at the bank records and follow the dollars. i think most people want to know where the dollars flowed. we want to see if the dollars got to joe to uncover the depth of this corruption. >> martha: one of the larger themes is the destruction of trust that americans have in our institutions when they look at this situation. i read a post from former president trump a little while ago. he sounded like this is the world we live in now where every 1 will get indicted on both sides. you'll have impeachments. sort of replacing censure on capitol hill. is this wise overall, the direction that we have gone with all of this? >> well, certainly the political impeachments of donald trump, when i lived through it in 2019 where he was indicted over a phone call, i love the utter hypocrisy of my democratic colleagues that pursued that impeachment. now we have clear evidence of money flowing to hunter biden, clear evidence what joe biden knew, lied about it now the whistle-blowerers made that clear, we have the e-mails with pseudonyms. we just want the truth. it's a famous quote from thomas jefferson. follow the truth wherever it may lead. that's our job. should not be connected to the government spending and shut down debate. shouldn't be connected to the politics. we as members of the judiciary have a job to enforce the law and pursue the truth. that's our duty. when you thee this corruption, the american people deserve to know the truth. it should be us doing our job. that's what the jamie comer and jim jordan are doing. >> martha: texas congressman chip roy, good to see you. >> good to see you. >> breaking coverage continues with matt whitaker and jared bernstein joins us with his reaction to what the president is saying now about the u.s. economy. let innovation refunds help with your erc tax refund so you can improve your business however you see fit. rosie used part of her refund to build an outdoor patio. clink! dr. marshall used part of his refund to give his practice a facelift. emily used part of her refund to buy... i run a wax museum. let innovation refunds help you get started on your erc tax refund. stop waiting. go to innovationrefunds.com you really got the brows. i wouldn't have my business if it wasn't for my website. once i decided to go with godaddy, the process was seamless. i was able to create my website on my own. to have it be exactly what i want it to be. be able to integrate my appointment app. godaddy was able to provide everything that i needed. the whole image of who i am and what empire is is presented through my godaddy website. ♪ explorers looked quite a while for it, it took 200 years to find the gold. rookies. i can find gold online in seconds. and, gold has been a safe haven in times of turmoil! and gold has even kept its value through inflation! bro, i've been there, but gold saved my portfolio. a tip for you... visit invest.gold visit invest.gold to see why gold is everyone's asset. detect this: living with hiv, i learned i can stay undetectable with fewer medicines. that's why i switched to dovato. dovato is a complete hiv treatment for some adults. no other complete hiv pill uses fewer medicines to help keep you undetectable than dovato. detect this: most hiv pills contain 3 or 4 medicines. dovato is as effective with just 2. if you have hepatitis b, don't stop dovato without talking to your doctor. don't take dovato if you're allergic to its ingredients or taking dofetilide. this can cause serious or life-threatening side effects. if you have a rash or allergic reaction symptoms, stop dovato and get medical help right away. serious or life-threatening lactic acid buildup and liver problems can occur. tell your doctor if you have kidney or liver problems, or if you are pregnant, breastfeeding, or considering pregnancy. dovato may harm an unborn baby. most common side effects are headache, nausea, diarrhea, trouble sleeping, tiredness, and anxiety. detect this: i stay undetectable with fewer medicines. ask your doctor about switching to dovato. veteran homeowners need cash but worried you can't get a home loan because of your credit? here's great news. at newday we've been granted automatic authority by the va to make our own loan approval decisions. in fact, if you've had credit challenges and missed a payment along the way, you're more than five times more likely to get approved for the newday 100 va cash out loan. no one knows veterans like newday usa. >> so moments ago, we got a response from hunter biden's attorney to the charges that came down a short time ago. they are three gun charges. his attorney, abbe lowell says the evidence has not changed and the original agreement still stands. matt whitaker, former attorney general and former counselor to bill barr and legal editor joining us now. great to have you with us. matt, let's start with you. that is abbe lowell's argue. he said we had a deal and now they think it's a crime. so you can bet that's what they're going to argue when it comes to whether or not they should pursue this case. >> yeah, martha. i was a u.s. attorney for 5 1/2 years. that experience, what i know is that if you enter in an agreement with a defendant on a diversion, that is done outside of the courts. so that's going to be an interesting argument. but i also know that i've had a chance to read the indictment. you know, 922 g and 924 a were the bread and butter for gun crimes. certain people can't possess or buy firearms in the united states of america, that includes drug users. three felony counts is a significant indictment for these types of crimes. so it's going to be very interesting how they strategically try to resolve this case. i guess arguing that they had a deal on a diversion is the best argument they. have otherwise, thee are five and ten-year felonies that are significant. >> martha: so kerry, can you take us through to what happens now? does this go back to the judge or is this a different judge that will handle the processing of hunter biden? what is this going to look like? >> so regular order is followed, which i would imagine it would be, although understandably a lot of things have been crazy up till now. regular order is followed, yeah, you'd see hunter biden arraigned, finger printing, a mug shot. we don't know what judge has been assigned yet. this can happen at any point. next week or maybe before then. the mug shots that just keep rolling it, it's quite a time we're living in. >> martha: it is. than that sort of raises the political question about all this. let's start with you, kerry and then back to matt. president trump facing 91 charges and hunter biden's son facing charges as well. many trump supporters would love to see this biden investigation connect to president biden as well. is there anything in this case that you think will be pursued that could link to president biden or is this -- is it really all off the statute of limitations at this point? >> the gun case is low-hanging fruit. that could have been brought in a week. i don't know why it took five years. as far as the other cases go, this could be just the beginning. the statute of limitations is at play with respect to some tax crimes. you're also maybe looking at violations of a fara, failing to register as an agent, working on behalf of a foreign government or entity. james comer and others have raised potential crimes like money laundering. david weiss, the special counsel, he did signal or at least that's the reporting that he made be refiling those tax cases. those tax cases have some wild information that are part of it. very possibly could impact and be directly linked to joe biden himself. >> martha: it all goes back to that. the investigation that was percolate ago long time ago with regard to tax violations for hunter biden, matt. so what is your best assessment of the statute of limitations on these charges. all of this is 2015 and 2016. can they hold up at this point? >> it's going to be tough. these charges are brought 28 days before the statute of limitations was to expired. each -- almost every day that goes by, another potential crime falls off the back of the statute of limitations. so mr. weiss is part of the delaware group that are related or know or have a relationship or familiar with the biden family. they were trying to do a diversion, are up out the clock, charge with misdemeanors. when the bright lights focused and we had the whistle-blowers from the irs and now my understanding the fbi, all the game changed. so now hunter biden is lucky that the two most serious tax years have fallen off the back of the statute of limitations applying to those cases. at the same time, knowing how these cases work and kerri mention normal order. that was so important at the department of justice. just doing things as we have always done. this hunter biden case has been different from any other case that i've experienced, whether it's the foreign corrupt practices act, fara and the tax charges. we should expect this case to be different. i don't think this administration wants to bring hunter biden to justice, for do they want joe biden to have exposure in these cases. >> martha: i interviewed sam patton this week, one of two people that pled guilty to fara charges in the russian collusion investigation because of business that he was involved in in russia. you know, there's a very clear fara case to be brought here. is that still on the table, kerri and math? will we see fara charges brought and if not why not? >> i think it's possible. my gut on this and -- this is just speculation at this point. i think this is just the beginning. i wouldn't be surprised if we saw more charges. i just want to point out the timing of david weiss bringing this indictment today. merrick garland is testifying before congress next week. this is helpful to him. he can say look, i appointed a special counsel to look at hunter. we charged him last week. we're continuing to investigate him. what more do you want from me? that's the approach he'll probably take, this is problem hi strategic why it's happening today. >> martha: yeah, and he can well-say that -- the other side will say you've had it five years, this is all over the laptop. it was clear that he had a gun and doing drugs. so why would this take so long and allow the statute of limitations to run out. matt, final thought on that. >> the clock is ticking on the charges. unless there's some new things that hunter has been doing. at the end of the day, the only thing about fara is that he was continuing to be involved in certain foreign dealings after his dad left the vice presidency. >> martha: perhaps that can stretch the timeline a little bit here. it looks like he cleared a lot of that off of his plate when his father was becoming president. we'll see. thanks, guys. good to see you both. >> thank you. >> martha: thanks, matt and kerri. back with us, andy mccarthy and bill mcgurn, columnist and speechwriter for george w. bush. we're waiting for president biden to finish these remarks. we'll be speaking to jared bernstein at the white house. they want the attention to be on the economy, not on this case. bill, let's talk for a moment about the interesting flood that has happened at the "washington post" and "the new york times." nancy pelosi made remarks about kamala harris. do you see any change coming in terms of whether or not president biden reconsiders a run for the white house? >> well, what i see is that people are publicly saying things that they said before but didn't make it public. that starts with david ignacius. joe scarborough said it on his show that every guest that appeared, every democrat says the same thing. but they say it off air. now it's on air. i think that is partly because the president is showing his age more and more. he looks far weaker, not in command. the health issues are become apparent it's hard to ignore. a lot of democrats fear that might neuter all of the charges against donald trump. a lot of worrying about it, but i don't think joe biden is inclined to listen to them. unless they can have some magic bolt to get him off the stage, i tonight think he wants to go. >> martha: i think you're probably right about that. andy, as you look at this situation politically, joe biden could pardon his son of these charges. they've said he won't from the podium. that can charge. is there any kind of scenario that you see here where he decides to do that as part of a plan to kind of move off and be a bridge to the future as he said he was going to be when he ran? >> martha, i can only -- it's hard to put yourself in somebody else's shoes. i can only say if it were me and i had the power, you'd not be putting one of my sons in prison. it wouldn't happen. i would do whatever i had to do to prevent that from happening. now, it seems to me that that would be a gross abuse of power. if you were to engage in it, the only honorable thing to do would be to resign. so i could easily -- because i think as a human being, it's hard not to imagine this. i could easily see a scenario where it looks like it's going to get worse than it is now and this is pretty bad, three felonies, where he would parton his son and perhaps pardon other people that are implicated. as we've discussed, the statute of limitations is eroding what is left of the case. even if it's just hunter, i can see him pardoning him and stepping aside. >> martha: bill, you write about main street. what do you think main street's view of this is? the president doesn't have strong approval numbers on the economy or even on this issue. people think that he knew more than he said and that there was illegal activity here. >> yeah, i mean, the polls show people think something smelly was going on with hunter and joe. they don't know really what it was. that's because we don't know what it was. we have hunts, a lot of smoke, no fire yet. a lot of evidence as andy said of misdeeds and so forth. what we don't know is whether it's criminal or whether joe profited from it. we don't have proof. we have a lot of evidence. the calculation is, we're going to get more evidence. the more we get, the worse it's going to be for the bidens. everything we've learned has shown what the bidens are saying is not true or is worse than what we thought. so i don't see how that gets better. the news flow, i think, with the subpoena power that representative comer has now, it will be very interesting. i think a lot will be worried that there will be new bad no, sir continuing to come out for the next couple months. >> martha: okay. thanks, gentlemen. bill mcgurn from the "wall street journal," andy mccarthy. great to have you with us. thank you both. so coming up, we'll speak with jared bernstein fresh off of the president's speech on the economy and the united states. he's the chair of president biden's council of economic advisers. very central to the economic model -- policy in this country. he joins me next. s by shaw. which stands for skilled hands at work. from cutting hair, and mowing grass, to roasting marshmallows, he's got a grasp on what matters most. there's a story in every piece of land, run with us on a john deere tractor and start telling yours. get $1,000 off a 1025r tractor and 0% apr fixed rate for 60 months. o' what did we do before viasat satellite internet? 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(♪) this is vaccines made easy... for those who've got plans. (♪) there's challenges, and i love overcoming challenges. ♪ when better money habits® content first started coming out, it expanded what i could do for special olympics athletes with developmental needs. thousands of bank of america employees like scott spend countless hours volunteering to teach people how to reach their financial goals. it felt good. it felt like i could take on the whole world. . >> martha: all right. let's check in with jacqui heinrich reporting live from the north lawn as the president has just wrapped up this economic address in maryland. hi, jacqui. >> hi, martha. the president did not take on any of the news of today. he didn't mention it at the top. i want to redo one thing he said alluding to his son's legal troubles. he said there's more i know we can talk about. i wish i had a chance to take your questions but i'm going to get in real trouble if i do that. the president kept all of the focus on his economic agenda, which is staying in course with how this white house has approached all of the questions surrounding his son's legal challenges, trying to keep the president basically walled off from all that, letting voters know he's focused on governing. we didn't hear any new policy in that speech. this was a major economic address. although we don't see any change in voter sentiments about the president's plans working, we didn't see any new policy come out of this. we did see a shift in messaging trying to portray the alternative as a worse option and make out republicans to have no kind of a plan. he seemed very lively with the crowd. he was joking. he went off script a couple times. tried to convey that he was upbeat despite all of this news coming down around him. i would assume he got the news of his son's indictment on the way to this event in maryland. the pool has not had a chance to ask questions. he will leave this event via motorcade. we don't have the same footprint of reporters around him as if he were going by marine one for instance and there would be a gaggle on the south lawn. we'll have to wait longer to put any questions to the president about how he's digesting the charges against his son. >> martha: thanks, jacqui. and now changing lives and saying lives through sports. that is the mission of the invictus games. prince harry created this game after the war in afghanistan. benjamin hall is at the games in germany. he wendt through his own recovery after an attack in ukraine. benjamin, good to see you. how is it going at the games? >> martha, great to see you, too. it's been an amazing few days here. one of the amazing things, the service men that have been hurt, they were in the hospital with me and recovered alongside me. it's amazing. it's the stories that you hear here, the most inspirational stories of people that risked their lives for their country and now coming here showing that they can do anything at all. take a listen to a few of them. >> keonta story stepped on a land mine and lost his right long. he said sports saved his life. >> i found myself in a dark place, abusing pain medication. i didn't want anymore to do with life. i knew that wasn't me. that wasn't the old me either. whatever i was struggling with, i had to find a way out. >> chris ferrell from the air force had five deployments to afghanistan and one to iraq. he was wouldn'ted by an ied and suffered from ptsd. the stars on his tattoos represent 26 friends that died on the battled field. >> when you hit the low points, the dark spaces and you're blessed enough to be here around these other warriors, all of these heros from different countries, it re-affirms why you here and spread the message. it's not something you have to battle alone. >> as of this morning, the americans won 83 medals. what all the competitors will tell you, it's not about them. it's a reminder that there's thousands that are still injured, going through difficult things and every one i duty to help them. that's the strong message here there germany. >> it's a very strong message. so inspiring to watch these individuals and to hear you speak with them. quickly, benjamin, what was it like for you to reconnect with those individuals struggling as you were in the hospital? >> you know, martha, when you go through something like we've been through and you have a real recovery ahead of you, you set goals. for me, the goal was coming back and reporting here and do my job again. for them, it was competing, getting on with the country's colors. so when i saw them here today, i suppose we all felt that we achieved what we set out to achieve. we had done it. that's also the message of the invictus games. no matter how tough it is, if you fight hard enough, you'll get there. that's what everyone has found out. they're showing it to all of us today. >> martha: you're an amazing example of that for all of us. great to see you where you should be covering these news stories for us coming from germany today. thanks, ben. always great to see you. that is "the story" for this thursday september 14. "the story" goes on. thanks for joining me. see you tomorrow. have a great afternoon. >> neil: all right. we knew it was coming. some wondered if it would come. i'd did it. three gun charges filed against hunter biden by david weiss, special counsel. the charges could carry a maximum penalty behind bars up to 25 years that is unlikely but this entire scenario with a plea bar again that fell behind also seem

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