On "Forbes Newsroom," attorney Jon-Jorge Aras spoke about a possible appeal of Hunter Biden's guilty verdict, which could go to the Supreme Court and end up bolstering gun rights.
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NewsTranscript
00:00on three felony gun charges related to the purchase of a gun in 2018.
00:05Here to explain more is John George Aras.
00:08He is the founder of Aras Law Group.
00:11John George, thank you so much for joining us.
00:13I want to start by asking, are you surprised by today's verdict?
00:19I don't think I'm surprised by today's verdict because the evidence in this case was fairly
00:24straightforward.
00:25It was Hunter Biden having lied on an application to purchase a firearm and then possessing
00:31that firearm afterwards.
00:34The prosecution's case was pretty clean and pretty straightforward, and the jury only
00:39took about three hours to deliberate, which is usually a clear sign that the evidence
00:45was put in in a manner that made a lot of sense.
00:48The defense tried to go for sort of an omnibus approach and really narrow what this case
00:55was about when it came down to the question on the gun application and whether Hunter
01:00Biden at that time was sober or not sober.
01:04But it just, it seems like the evidence was overwhelming.
01:07I'm not surprised that on the three counts, two of them being making false statements
01:13in connection with purchasing a firearm, and the third, thereby illegally possessing the
01:18firearm afterwards, that the jury came back with this conviction.
01:22Let's just break down these three convictions.
01:24What exactly do they mean and what exactly are the convictions?
01:29So the conviction, the first one is making a false statement in regards to a question
01:34on an application of whether or not at the time of the purchase of the firearm, Hunter
01:42Biden was addicted or on any drugs at that time.
01:47So that was the first two counts are connected.
01:49They're both false statements in connection with purchasing the gun.
01:53So it's the transaction record and then it's the false statement itself.
01:57Those are the first two.
01:58And then the third is just simply then illegally possessing that firearm by virtue of having
02:04lied on this application and therefore obtaining it illegally.
02:09Because at the time the testimony and the evidence came out of the case that Hunter
02:12Biden was suffering from a drug addiction during that time.
02:18Now will Hunter Biden appeal these charges?
02:22I believe his counsel will.
02:24We're in a very interesting territory with this case.
02:27And the charges in this case are not, I wouldn't say they're very typical.
02:33I would say that they're somewhat unique that this case was brought and went down this road
02:38leading to this conviction.
02:41But underlying all of this is a second amendment issue.
02:44And whether the second amendment, the right to bear arms can be invoked in this situation.
02:50And the argument, one of the arguments, or I should say the main argument is that an
02:54individual that is potentially suffering from a drug addiction may still be able to invoke
03:02the second amendment and say, this is disparate and unequal treatment of me, a potential drug
03:10addict, and I should still be allowed to purchase a firearm.
03:16So it is setting up an appeal.
03:18The Supreme Court has not heard this issue.
03:22And I believe this case will proceed forward.
03:24And I believe that Hunter Biden's counsel will go down that road.
03:28And it's very possible this could end up at some point before the Supreme Court.
03:33So just to emphasize what you just said, Hunter Biden could appeal using the second amendment
03:41and that appeal could go all the way to the Supreme Court?
03:46That's correct.
03:47So this is an issue that has not been decided by the Supreme Court.
03:52Something to compare it to would be an individual that may be suffering from mental illness,
03:59right?
04:00Can they invoke the second amendment to purchase a firearm?
04:04It's somewhat in the same world.
04:06And there's arguments to be made that the second amendment has its strengths and this
04:10could lead to a point that strengthens gun laws provided what the Supreme Court comes
04:17down ultimately with their decision regarding the second amendment.
04:22So yes, this could end up before the Supreme Court.
04:25I mean, it's interesting if you think about it, someone who has been diagnosed with a
04:29mental health disorder, they still have the right to the first amendment free speech.
04:33So you can kind of maybe start to see the legal framework that could be used in a case
04:40of the Supreme Court.
04:42The Constitution is strong.
04:43The amendments are strong.
04:45People have individual rights and liberties and those are protected by the Constitution.
04:49So these are the foundation and you laid it out correctly.
04:52It's the foundation for these types of arguments to proceed forward.
04:56It's just politically interesting because what you're describing almost sounds like
05:01it sets up a situation for the son of a president to strengthen the second amendment when that
05:07president himself wants to tighten gun laws.
05:11Is that a fair summation of where we are politically?
05:15I think broadly that's accurate.
05:18The president has been clear about wanting to tighten gun laws and to restrict certain
05:22rights to purchasing firearms.
05:24This case is a piece of that, a portion of it that could add itself to strengthening
05:32gun laws or the liberty and the individual right to purchase a firearm.
05:38So it is an interesting juxtaposition that's been set up between the two.
05:43I'm sure, obviously on a personal level, I'm sure that the president and the first lady
05:49are upset about this decision.
05:50And I do think that there's a level of empathy that everyone can have for Hunter Biden having
05:56suffered through a drug addiction and being in this position.
06:01The president has the personal relationship, but also politically it is an issue in some
06:07regards that his son may be now pursuing an appeal that is in direct opposition to the
06:13policies of what the White House wants to put forward when it comes to gun rights.