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Speaker 1: Let me state as clearly as I can my father

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Speaker 1: was not financially involved in my business, not as a

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Speaker 1: practicing lawyer, not as a board member of Barisma, not

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Speaker 1: in my partnership with a Chinese private businessman, not in

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Speaker 1: my investments at home nor abroad, and certainly not as

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Speaker 1: an artist.

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Speaker 2: And not as an artist.

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Speaker 3: WHOA wow, look out the moving gold posts almost crushed me.

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Speaker 3: Funny how that's evolved. We'll discuss that and more with

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Speaker 3: the fabulous Andrew McCarthy, Senior Fellow at the National Review Institute,

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Speaker 3: National Review contributing editor. And I've often claimed that there

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Speaker 3: are no other podcasts. Ours is the only one, but

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Speaker 3: I'm forced to admit The McCarthy Report is an excellent

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Speaker 3: podcast if you're interested, particularly in legal issues. In the headlines,

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Speaker 3: Andy McCarthy, Andrew, how are you, sir.

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Speaker 2: I'm doing great, Jens. Great to be with you.

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Speaker 4: We just recorded the podcast, so I appreciate the plug. Well,

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Speaker 4: then I'll be listening later today because I hear everyone.

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Speaker 4: Here's my number one question, because this is what the

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Speaker 4: hunter Biden crowd keeps saying, and everybody on the left.

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Speaker 4: If his last name weren't Biden, none of this would

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Speaker 4: be happening. Is that true or false? Well, it's true

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Speaker 4: in the sense that if his last name weren't Biden,

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Speaker 4: he would have been prosecuted in twenty nineteen on multiple felonies.

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Speaker 4: So I suppose that at this point, is that his

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Speaker 4: name warn't Biden. You know, all the stuff wouldn't be happening,

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Speaker 4: which includes a sweetheart deal that no one else would

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Speaker 4: have had a chance of getting. And that imploded when

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Speaker 4: a district judge asked a few rudimentary questions about what

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Speaker 4: the basic understandings of it were, including its scope.

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Speaker 5: And is there any truth to it at all? Since

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Speaker 5: it is like the number one talking point, Is there

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Speaker 5: any truth to it at all that he's getting any

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Speaker 5: harsher treatment as opposed to you're saying he's getting a

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Speaker 5: better case that he's getting any harsher treatment because his

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Speaker 5: last name is Biden.

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Speaker 2: No, there's no truth at all.

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Speaker 4: In fact, when they finally indicted him on tax charges,

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Speaker 4: which have been out there for like a million years,

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Speaker 4: some of the most egregious conduct could no longer be

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Speaker 4: charged because the statute of limitations had run on it.

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Speaker 4: Because the Biden Justice Department wouldn't prosecute.

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Speaker 3: Him so on the topic of the sweetheart deal, I

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Speaker 3: have the outrage, certainly, but not the expertise to adequately

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Speaker 3: describe how incredible it is that that deal a existed

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Speaker 3: b was dismantled in a moment by a competent judge.

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Speaker 3: And see the fact that the guy who crafted it

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Speaker 3: remains in charge of the investigation. Help people understand how

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Speaker 3: tawdry that is.

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Speaker 4: Well, it's really corrupt. I mean, Biden has been known

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Speaker 4: to have tax problems going back to probably twenty sixteen,

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Speaker 4: twenty seventeen, when I think that was when they started

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Speaker 4: to put leans.

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Speaker 2: On his property.

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Speaker 4: The Biden laptop, which the public became aware of in

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Speaker 4: the waning weeks before the twenty twenty election, is actually

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Speaker 4: in the FBI's possession for about a year before that.

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Speaker 4: So there's been monumental evidence of dodgy income and his

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Speaker 4: failure to pay taxes for years and years. But if

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Speaker 4: the prosecutors had gone after the most egregious misconduct, which

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Speaker 4: appears to have occurred between twenty fourteen and twenty sixteen,

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Speaker 4: I might take it back to twenty thirteen twenty sixteen.

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Speaker 2: You couldn't prove that case.

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Speaker 4: Without showing that the way he was raking in the money,

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Speaker 4: was selling access to his father, and precisely because.

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Speaker 2: His name was Biden.

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Speaker 4: And that he was making the biggest killing when Biden

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Speaker 4: was vice president of the United States. So the prosecutor

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Speaker 4: let that lapse. The statute of limitations on most crimes

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Speaker 4: in the Federal Code is five years. Tax crimes, the

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Speaker 4: relevant ones here it's six years. So he simply waited

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Speaker 4: it out so that the evidence of what was going

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Speaker 4: on when Joe Biden was vice president was no longer prosecutable.

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Speaker 4: And then to try to make the case go away.

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Speaker 4: First his plan was to just completely make the case

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Speaker 4: go away, just like dismiss it entirely. He had to

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Speaker 4: back off from that.

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Speaker 2: We're talking about David.

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Speaker 4: Wiss, now the US attorney in Delaware. He had to

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Speaker 4: back off of that because these irs whistleblowers came forward

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Speaker 4: and explain that Hunter Biden had gotten ridiculously favorable treatment

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Speaker 4: that no other American would get. So then the Justice

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Speaker 4: Department and wife had to try to figure out a

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Speaker 4: way to have a plausible that they could sell the public,

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Speaker 4: but at the same time make sure that the president's

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Speaker 4: son didn't go to jail. So what they came up with,

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Speaker 4: was let him plead guilty to two puny misdemeanors despite

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Speaker 4: the mountainous evidence of tax evasion, which is a felony,

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Speaker 4: Has it be a no jail plea? And then, probably

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Speaker 4: most absurd at all of all, have this gun case

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Speaker 4: that he has where he obtained a gun by misrepresenting

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Speaker 4: his drug abuse and then lost it in I think

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Speaker 4: it was twenty seventeen if I'm remembering right, maybe twenty eighteen.

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Speaker 4: But have that, which is a ten year felony instead

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Speaker 4: of prosecuting that, arrive at a diversion agreement where he

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Speaker 4: would not be subjected to prosecution if he kept his

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Speaker 4: nose clean, which I guess you have to literally say

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Speaker 4: with Hunter for a year or two, and under the

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Speaker 4: Justice Department guideline, gun offenses are not available for you know,

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Speaker 4: divergent is not available for gun offenses. So they basically

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Speaker 4: had to blow up every norm of how you prosecute

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Speaker 4: cases in order to try to do this. And when

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Speaker 4: the judge asked a couple of basic questions about what

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Speaker 4: is Hunter being immunized for if he pleads guilty, what

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Speaker 4: Hunter's lawyers said, and I believe they were actually accurate

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Speaker 4: about this, because this is what.

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Speaker 2: The Biden Justice Department wanted.

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Speaker 4: What they were saying is if he pleads guilty to this, then.

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Speaker 2: All conduct over this five.

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Speaker 4: Year period going back to actually going back to twenty fourteen,

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Speaker 4: so it's more than five years all conduct arising out

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Speaker 4: of that he could no longer be prosecuted for. And

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Speaker 4: when the judge looked at the US Attorney and said

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Speaker 4: is that true? I think it actually was true in

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Speaker 4: the sense that that's what the Justice Department wanted to do.

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Speaker 4: But they knew how politically embarrassing this would be, so

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Speaker 4: they said, no, no, no, you know, if we find

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Speaker 4: other crimes, we can still prosecute them. So I think

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Speaker 4: incompetently the Biden lawyers who do by the way, they

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Speaker 4: do not include the lawyer he has now, Abbey Loll,

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Speaker 4: But they allowed this agreement to be blown up because

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Speaker 4: they were so angry at the US attorney misrepresenting what

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Speaker 4: the understanding was about the scope of the non prosecution agreement.

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Speaker 4: But I think it was foolish on their court because

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Speaker 4: it's very clear that wife had absolutely no intention of

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Speaker 4: prosecuting Hunter Biden on anything serious. So if they had

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Speaker 4: just nodded their heads and sort of said yeah, yeah, whatever.

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Speaker 4: He would have pled guilty to these two misdemeanors. They

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Speaker 4: would have tried to make the gun thing disappear, and

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Speaker 4: there's no way he would have been prosecuted were anything

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Speaker 4: more serious, particularly because the Statute of Limitations is run

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Speaker 4: on all this stuff.

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Speaker 5: So if you could give me a yes or no

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Speaker 5: on this, because I got a follow up question to it,

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Speaker 5: do you think he'll spend time in jail? No, you

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Speaker 5: don't think he'll spend time in jail. Interesting and well, much.

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Speaker 4: As if it was your if it was your son

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Speaker 4: and you were the only guy in America who could

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Speaker 4: pardon him and spare them from a penitentiary, what would

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Speaker 4: you do?

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Speaker 2: Oh you think he okay?

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Speaker 4: You them?

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Speaker 5: You think he won't spend time in jail because his

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Speaker 5: dad will pardon him. Okay, I get it. Much as

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Speaker 5: being made of the change in language, was this on

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Speaker 5: purpose from Hunter yesterday? As we know between the President

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Speaker 5: and Hunter over the years, it's gone from my dad

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Speaker 5: had no knowledge of my business dealings to my dad

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Speaker 5: wasn't involved in my business dealings too. Whatever it was

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Speaker 5: he said yesterday, specifically that my dad wasn't financially involved.

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Speaker 5: Is that on purpose? Does that mean something?

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Speaker 2: Yeah?

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Speaker 4: I mean, remember he's got good legal representation. Now, all

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Speaker 4: these statements that he makes are lawyered up, you know.

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Speaker 4: So they know that Joe Biden has tons of involvement.

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Speaker 2: But what they.

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Speaker 4: Republicans haven't been able to prove yet is that a

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Speaker 4: whole lot of money went from Hunter to Joe.

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Speaker 2: So they're leaning on that now.

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Speaker 4: But you're right, the goalpost, as you said before, have

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Speaker 4: shifted dramatically from the beginning where you know, you would

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Speaker 4: have believed there was a complete wall of separation between

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Speaker 4: Joe and Hunter, and now there's so much evidence of

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Speaker 4: Joe abetting the scheme that they have to now try

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Speaker 4: to narrow their denial. I personally, I think the whole

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Speaker 4: thing is the wrong way of looking at it. I think,

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Speaker 4: you know, this business is Joe Biden. To think of

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Speaker 4: it as like it's Hunter's business and we have to

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Speaker 4: see what threads we can show to connect Joe and

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Speaker 4: Hunter is the wrong way to look at it. The

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Speaker 4: only way this business worked is that Joe Biden allowed

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Speaker 4: it to work.

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Speaker 2: It allowed it to go on to the years.

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Speaker 4: If if he hadn't done that, it would have been

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Speaker 4: shut down in five minutes.

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Speaker 2: So he's the main actor here.

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Speaker 3: Well, this is ground so well plowed, there's probably no

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Speaker 3: not any reason to go back to it. But I

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Speaker 3: just find it astounding that the alphabet media, the so

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Speaker 3: called legacy media, don't get that if my son, for instance,

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Speaker 3: was trading on my name, which would be useless, uh,

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Speaker 3: and he became so wealthy he bought a Rolls Royce

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Speaker 3: that I drive all the time, that that that they

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Speaker 3: don't understand how that benefits me. I mean I don't.

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Speaker 3: I don't even know to where to start with you.

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Speaker 4: Yeah, the I R S, the I R S would

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Speaker 4: know because they would charge the income to you. That's

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Speaker 4: the thing I find amazing. You know that all this,

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Speaker 4: you know, all these legalisms that you hear in the commentary.

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Speaker 2: The factor of the matter.

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Speaker 4: Is if I'm if somebody wants to pay me for

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Speaker 4: something I've done for them, and I say, you know,

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Speaker 4: don't pay me, give it to my son. The I

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Speaker 4: R S considers that to be an income event as

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Speaker 4: to me, not to not to my son, and they

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Speaker 4: don't let me defeat the tax by having somebody.

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Speaker 2: Else be paid.

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Speaker 4: That's the that's the way the government itself looks at it.

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Speaker 3: And tell me this, mister McCarthy, to what extent is

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Speaker 3: this true? A tax investigation always looks into where the

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Speaker 3: money came from and where it went.

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Speaker 4: Correct, It's the only way to do it. And you know,

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Speaker 4: one of the more and you know, one of the

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Speaker 4: I think more unfortunate things about the attention that was

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Speaker 4: given to Hunter's tax is long belated overdue tax indictment

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Speaker 4: was all the salacious detail about how he spent the

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Speaker 4: money kind of takes the spotlight away from the only

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Speaker 4: thing that's important, which was how the money was generated

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Speaker 4: in the first place. Right, twenty four million dollars from

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Speaker 4: corrupt and anti American regimes or their agents going into

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Speaker 4: the Biden family coffers.

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Speaker 2: Over just a five year period.

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Speaker 4: What matters to the country is what did the Chinese

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Speaker 4: and the rest of them think they were buying, not

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Speaker 4: how Hunter or you know, not whether he spent it

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Speaker 4: on prostitutes or crack or whatever he was buying.

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Speaker 3: Yeah, he's just that good a lawyer. I'm hearing a

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Speaker 3: little jealousy out of Andy McCarthy. Yeah, you're right.

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Speaker 5: If he had used all that money to repave orphanages.

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Speaker 5: It doesn't mean it's okay his paving orphanages.

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Speaker 2: The thing.

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Speaker 3: That sounds bad they're parking lots.

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Speaker 4: Eect that I've paid orphanages.

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Speaker 2: Is that what?

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Speaker 3: Uh yeah, well that's that is interesting. Yeah, that's an

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Speaker 3: excellent point. Andy McCarthy of the National Review. His excellent

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Speaker 3: podcast is The McCarthy Report. And I neglected to mention

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Speaker 3: the book Faull of Collusion, the plot to rig an

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Speaker 3: election and destroy a presidency, which is thorough and terrific

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Speaker 3: as well. Andy, It's a great pleasure. I hope we

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Speaker 3: can do it again sometime.

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Speaker 4: I'd love to you guys have have a merry Christmas

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Speaker 4: and enjoy