WEBVTT - If His Name Weren't Biden: Andy McCarthy Talks to Armstrong & Getty.

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<v Speaker 1>Let me state as clearly as I can my father

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<v Speaker 1>was not financially involved in my business, not as a

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<v Speaker 1>practicing lawyer, not as a board member of Barisma, not

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<v Speaker 1>in my partnership with a Chinese private businessman, not in

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<v Speaker 1>my investments at home nor abroad, and certainly not as

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<v Speaker 1>an artist.

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<v Speaker 2>And not as an artist.

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<v Speaker 3>WHOA wow, look out the moving gold posts almost crushed me.

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<v Speaker 3>Funny how that's evolved. We'll discuss that and more with

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<v Speaker 3>the fabulous Andrew McCarthy, Senior Fellow at the National Review Institute,

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<v Speaker 3>National Review contributing editor. And I've often claimed that there

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<v Speaker 3>are no other podcasts. Ours is the only one, but

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<v Speaker 3>I'm forced to admit The McCarthy Report is an excellent

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

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<v Speaker 3>Andy McCarthy, Andrew, how are you, sir.

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<v Speaker 2>I'm doing great, Jens. Great to be with you.

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<v Speaker 4>We just recorded the podcast, so I appreciate the plug. Well,

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<v Speaker 4>then I'll be listening later today because I hear everyone.

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<v Speaker 4>Here's my number one question, because this is what the

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<v Speaker 4>hunter Biden crowd keeps saying, and everybody on the left.

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<v Speaker 4>If his last name weren't Biden, none of this would

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

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<v Speaker 4>in the sense that if his last name weren't Biden,

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<v Speaker 4>he would have been prosecuted in twenty nineteen on multiple felonies.

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<v Speaker 4>So I suppose that at this point, is that his

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

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<v Speaker 4>which includes a sweetheart deal that no one else would

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<v Speaker 4>have had a chance of getting. And that imploded when

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<v Speaker 4>a district judge asked a few rudimentary questions about what

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<v Speaker 4>the basic understandings of it were, including its scope.

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<v Speaker 5>And is there any truth to it at all? Since

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<v Speaker 5>it is like the number one talking point, Is there

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<v Speaker 5>any truth to it at all that he's getting any

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<v Speaker 5>harsher treatment as opposed to you're saying he's getting a

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<v Speaker 5>better case that he's getting any harsher treatment because his

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<v Speaker 5>last name is Biden.

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<v Speaker 2>No, there's no truth at all.

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<v Speaker 4>In fact, when they finally indicted him on tax charges,

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<v Speaker 4>which have been out there for like a million years,

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<v Speaker 4>some of the most egregious conduct could no longer be

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<v Speaker 4>charged because the statute of limitations had run on it.

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<v Speaker 4>Because the Biden Justice Department wouldn't prosecute.

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<v Speaker 3>Him so on the topic of the sweetheart deal, I

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<v Speaker 3>have the outrage, certainly, but not the expertise to adequately

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<v Speaker 3>describe how incredible it is that that deal a existed

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<v Speaker 3>b was dismantled in a moment by a competent judge.

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<v Speaker 3>And see the fact that the guy who crafted it

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<v Speaker 3>remains in charge of the investigation. Help people understand how

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<v Speaker 3>tawdry that is.

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

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<v Speaker 4>to have tax problems going back to probably twenty sixteen,

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<v Speaker 4>twenty seventeen, when I think that was when they started

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<v Speaker 4>to put leans.

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<v Speaker 2>On his property.

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<v Speaker 4>The Biden laptop, which the public became aware of in

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<v Speaker 4>the waning weeks before the twenty twenty election, is actually

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<v Speaker 4>in the FBI's possession for about a year before that.

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<v Speaker 4>So there's been monumental evidence of dodgy income and his

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<v Speaker 4>failure to pay taxes for years and years. But if

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<v Speaker 4>the prosecutors had gone after the most egregious misconduct, which

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<v Speaker 4>appears to have occurred between twenty fourteen and twenty sixteen,

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<v Speaker 4>I might take it back to twenty thirteen twenty sixteen.

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<v Speaker 2>You couldn't prove that case.

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<v Speaker 4>Without showing that the way he was raking in the money,

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<v Speaker 4>was selling access to his father, and precisely because.

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<v Speaker 2>His name was Biden.

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<v Speaker 4>And that he was making the biggest killing when Biden

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<v Speaker 4>was vice president of the United States. So the prosecutor

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<v Speaker 4>let that lapse. The statute of limitations on most crimes

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<v Speaker 4>in the Federal Code is five years. Tax crimes, the

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<v Speaker 4>relevant ones here it's six years. So he simply waited

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<v Speaker 4>it out so that the evidence of what was going

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<v Speaker 4>on when Joe Biden was vice president was no longer prosecutable.

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<v Speaker 4>And then to try to make the case go away.

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<v Speaker 4>First his plan was to just completely make the case

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<v Speaker 4>go away, just like dismiss it entirely. He had to

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<v Speaker 4>back off from that.

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<v Speaker 2>We're talking about David.

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<v Speaker 4>Wiss, now the US attorney in Delaware. He had to

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<v Speaker 4>back off of that because these irs whistleblowers came forward

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<v Speaker 4>and explain that Hunter Biden had gotten ridiculously favorable treatment

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<v Speaker 4>that no other American would get. So then the Justice

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<v Speaker 4>Department and wife had to try to figure out a

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<v Speaker 4>way to have a plausible that they could sell the public,

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<v Speaker 4>but at the same time make sure that the president's

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

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<v Speaker 4>was let him plead guilty to two puny misdemeanors despite

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<v Speaker 4>the mountainous evidence of tax evasion, which is a felony,

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<v Speaker 4>Has it be a no jail plea? And then, probably

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<v Speaker 4>most absurd at all of all, have this gun case

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<v Speaker 4>that he has where he obtained a gun by misrepresenting

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<v Speaker 4>his drug abuse and then lost it in I think

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

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<v Speaker 4>But have that, which is a ten year felony instead

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<v Speaker 4>of prosecuting that, arrive at a diversion agreement where he

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<v Speaker 4>would not be subjected to prosecution if he kept his

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<v Speaker 4>nose clean, which I guess you have to literally say

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<v Speaker 4>with Hunter for a year or two, and under the

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<v Speaker 4>Justice Department guideline, gun offenses are not available for you know,

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<v Speaker 4>divergent is not available for gun offenses. So they basically

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<v Speaker 4>had to blow up every norm of how you prosecute

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<v Speaker 4>cases in order to try to do this. And when

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<v Speaker 4>the judge asked a couple of basic questions about what

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<v Speaker 4>is Hunter being immunized for if he pleads guilty, what

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<v Speaker 4>Hunter's lawyers said, and I believe they were actually accurate

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<v Speaker 4>about this, because this is what.

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<v Speaker 2>The Biden Justice Department wanted.

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

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<v Speaker 2>All conduct over this five.

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<v Speaker 4>Year period going back to actually going back to twenty fourteen,

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<v Speaker 4>so it's more than five years all conduct arising out

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<v Speaker 4>of that he could no longer be prosecuted for. And

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<v Speaker 4>when the judge looked at the US Attorney and said

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<v Speaker 4>is that true? I think it actually was true in

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<v Speaker 4>the sense that that's what the Justice Department wanted to do.

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<v Speaker 4>But they knew how politically embarrassing this would be, so

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<v Speaker 4>they said, no, no, no, you know, if we find

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<v Speaker 4>other crimes, we can still prosecute them. So I think

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<v Speaker 4>incompetently the Biden lawyers who do by the way, they

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<v Speaker 4>do not include the lawyer he has now, Abbey Loll,

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<v Speaker 4>But they allowed this agreement to be blown up because

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<v Speaker 4>they were so angry at the US attorney misrepresenting what

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<v Speaker 4>the understanding was about the scope of the non prosecution agreement.

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<v Speaker 4>But I think it was foolish on their court because

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<v Speaker 4>it's very clear that wife had absolutely no intention of

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<v Speaker 4>prosecuting Hunter Biden on anything serious. So if they had

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<v Speaker 4>just nodded their heads and sort of said yeah, yeah, whatever.

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<v Speaker 4>He would have pled guilty to these two misdemeanors. They

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<v Speaker 4>would have tried to make the gun thing disappear, and

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<v Speaker 4>there's no way he would have been prosecuted were anything

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<v Speaker 4>more serious, particularly because the Statute of Limitations is run

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<v Speaker 4>on all this stuff.

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<v Speaker 5>So if you could give me a yes or no

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<v Speaker 5>on this, because I got a follow up question to it,

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<v Speaker 5>do you think he'll spend time in jail? No, you

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

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<v Speaker 4>As if it was your if it was your son

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<v Speaker 4>and you were the only guy in America who could

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<v Speaker 4>pardon him and spare them from a penitentiary, what would

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<v Speaker 4>you do?

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<v Speaker 2>Oh you think he okay?

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<v Speaker 4>You them?

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<v Speaker 5>You think he won't spend time in jail because his

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<v Speaker 5>dad will pardon him. Okay, I get it. Much as

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<v Speaker 5>being made of the change in language, was this on

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<v Speaker 5>purpose from Hunter yesterday? As we know between the President

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<v Speaker 5>and Hunter over the years, it's gone from my dad

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<v Speaker 5>had no knowledge of my business dealings to my dad

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<v Speaker 5>wasn't involved in my business dealings too. Whatever it was

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

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<v Speaker 5>Is that on purpose? Does that mean something?

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<v Speaker 2>Yeah?

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

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<v Speaker 4>these statements that he makes are lawyered up, you know.

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<v Speaker 4>So they know that Joe Biden has tons of involvement.

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<v Speaker 2>But what they.

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<v Speaker 4>Republicans haven't been able to prove yet is that a

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<v Speaker 4>whole lot of money went from Hunter to Joe.

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<v Speaker 2>So they're leaning on that now.

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<v Speaker 4>But you're right, the goalpost, as you said before, have

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<v Speaker 4>shifted dramatically from the beginning where you know, you would

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<v Speaker 4>have believed there was a complete wall of separation between

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<v Speaker 4>Joe and Hunter, and now there's so much evidence of

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<v Speaker 4>Joe abetting the scheme that they have to now try

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<v Speaker 4>to narrow their denial. I personally, I think the whole

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<v Speaker 4>thing is the wrong way of looking at it. I think,

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<v Speaker 4>you know, this business is Joe Biden. To think of

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<v Speaker 4>it as like it's Hunter's business and we have to

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<v Speaker 4>see what threads we can show to connect Joe and

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<v Speaker 4>Hunter is the wrong way to look at it. The

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<v Speaker 4>only way this business worked is that Joe Biden allowed

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<v Speaker 4>it to work.

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<v Speaker 2>It allowed it to go on to the years.

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<v Speaker 4>If if he hadn't done that, it would have been

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<v Speaker 4>shut down in five minutes.

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<v Speaker 2>So he's the main actor here.

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<v Speaker 3>Well, this is ground so well plowed, there's probably no

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<v Speaker 3>not any reason to go back to it. But I

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<v Speaker 3>just find it astounding that the alphabet media, the so

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

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<v Speaker 3>was trading on my name, which would be useless, uh,

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<v Speaker 3>and he became so wealthy he bought a Rolls Royce

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<v Speaker 3>that I drive all the time, that that that they

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<v Speaker 3>don't understand how that benefits me. I mean I don't.

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<v Speaker 3>I don't even know to where to start with you.

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<v Speaker 4>Yeah, the I R S, the I R S would

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<v Speaker 4>know because they would charge the income to you. That's

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<v Speaker 4>the thing I find amazing. You know that all this,

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<v Speaker 4>you know, all these legalisms that you hear in the commentary.

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<v Speaker 2>The factor of the matter.

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<v Speaker 4>Is if I'm if somebody wants to pay me for

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<v Speaker 4>something I've done for them, and I say, you know,

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

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<v Speaker 4>R S considers that to be an income event as

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<v Speaker 4>to me, not to not to my son, and they

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<v Speaker 4>don't let me defeat the tax by having somebody.

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<v Speaker 2>Else be paid.

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<v Speaker 4>That's the that's the way the government itself looks at it.

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<v Speaker 3>And tell me this, mister McCarthy, to what extent is

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<v Speaker 3>this true? A tax investigation always looks into where the

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<v Speaker 3>money came from and where it went.

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

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<v Speaker 4>one of the more and you know, one of the

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<v Speaker 4>I think more unfortunate things about the attention that was

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<v Speaker 4>given to Hunter's tax is long belated overdue tax indictment

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<v Speaker 4>was all the salacious detail about how he spent the

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<v Speaker 4>money kind of takes the spotlight away from the only

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<v Speaker 4>thing that's important, which was how the money was generated

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<v Speaker 4>in the first place. Right, twenty four million dollars from

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<v Speaker 4>corrupt and anti American regimes or their agents going into

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<v Speaker 4>the Biden family coffers.

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<v Speaker 2>Over just a five year period.

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<v Speaker 4>What matters to the country is what did the Chinese

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<v Speaker 4>and the rest of them think they were buying, not

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<v Speaker 4>how Hunter or you know, not whether he spent it

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<v Speaker 4>on prostitutes or crack or whatever he was buying.

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

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<v Speaker 3>little jealousy out of Andy McCarthy. Yeah, you're right.

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<v Speaker 5>If he had used all that money to repave orphanages.

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<v Speaker 5>It doesn't mean it's okay his paving orphanages.

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<v Speaker 2>The thing.

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<v Speaker 3>That sounds bad they're parking lots.

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<v Speaker 4>Eect that I've paid orphanages.

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<v Speaker 2>Is that what?

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<v Speaker 3>Uh yeah, well that's that is interesting. Yeah, that's an

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<v Speaker 3>excellent point. Andy McCarthy of the National Review. His excellent

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<v Speaker 3>podcast is The McCarthy Report. And I neglected to mention

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<v Speaker 3>the book Faull of Collusion, the plot to rig an

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<v Speaker 3>election and destroy a presidency, which is thorough and terrific

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

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<v Speaker 3>can do it again sometime.

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<v Speaker 4>I'd love to you guys have have a merry Christmas

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<v Speaker 4>and enjoy