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Captions by vitac www. Vitac. Com tonight straight from the source, the man investigating hunter biden is now a Special Counsel, and Hunter Bidens attorney will respond in his First Exclusive interview. Plus a judge lays down the law for donald trump, reminding the former president that he is now a criminal defendant whose right to free speech is not absolute. And the death toll still tragically climbing in maui, as rescuers are now entering some of the hardesthit neighborhoods for the first time, most of which have been burned to the ground. Im kaitlan collins, and this is the source. Good evening. Tonight we start with tonights big story, which was news that we learned today regarding the Special Counsel investigating hunter biden. It is the same person who has been investigating him for several years now, david weiss, a u. S. Attorney who was appointed, i should note, by former president trump. But today we heard from Attorney General Merrick Garland, who announced that david weiss has now asked to be made Special Counsel. On tuesday of this week, mr. Weiss advised me that, in his judgment, his investigation had reached a stage at which he should continue his work as a Special Counsel. Upon considering his request, as well as the extraordinary circumstances relating to this matter, i have concluded that it is in the Public Interest to appoint him. And joining me now for a First Exclusive interview since that announcement from the Attorney General, Merrick Garland, today is one of Hunter Bidens attorneys, abby lowell. Abby, thank you for being here tonight. First, when did you find out about the Attorney Generals announcement today . Did you have any idea this was coming . I think all of us found out about the time you all started finding out, which is somewhere between midmorning and the time the Attorney General spoke. While we didnt know that was going to happen, given whats happened in the case, it wasnt a surprise there would be some announcement to see where this case and the investigation would go from here. Im assuming what youre referencing is how Hunter Bidens legal team and david weiss were still privately trying to negotiate a plea deal this week. I mean, were you surprised that david weiss asked to be made Special Counsel in the middle of that . I think, you know, the point of surprise, not quite right. Heres what people should focus on, kaitlan, that what happened today, as a practical matter, is not much different than what was the case yesterday or three weeks from before. You know, the Attorney General and mr. Weiss both have said for weeks, months, that he had all the authority he needed to bring any charge that was merited at any time that was appropriate in any place that made sense. And so the power that a Special Counsel has is the power that he has had. So, from a practical point of view, nothing really changed. His title may change. But you also need to remember the most important fact, and you alluded to it already. After five years of what has to be one of the most thorough investigations that office has ever done, started by a Republican Attorney general, given to a republican u. S. Attorney, using a experienced career set of prosecutors thought that the only charges that were appropriate would be two Misdemeanor Failure to file charges and a diverted gun charge for the 11 days that hunter possessed a gun. And that was after five years of pain staking investigation. So, whatever his title is and whatever happens next, were confident that that should be the same conclusion. And if its not, then something other than the facts and the law has come into play. That is a question that is still unexplained from the justice department, which is why now . Why is he being made a Special Counsel now . We know its because he asked for it. But it is still certainly a question. But you know as well as i do, Special Counsels have a lot of leeway. I mean, are you worried that this is going to become a much broader investigation than it is right now . Well, again, two things. First, his title became Special Counsel today. His powers were the same yesterday. So, whats different . It doesnt make any difference to us, given what we understood to be the case. Once again, people need to understand that the Attorney General and he that he, mr. Weiss has said for a long time that he had all the authority he needed to bring any charge that was appropriate in any place. So, what does a Special Counsel do that he cant do . The answer should be nothing different. As to why now or why he wanted this as of last tuesday, thats a question youre going to have to ask him. But from our point of view, it should not change the outcome. Who could say that they have been the subject of such a painstaking investigation, looking at every nook and cranny in which a conclusion was two Tax Misdemeanors and a Diverted Gun Case to turn into anything else. There has been no evidence or fact that wasnt uncovered a week ago that will be uncovered tomorrow. So, essentially has he indicated that there are any other avenues that theyre pursuing here beyond those tax and gun measures . He hasnt said. In the proceedings that occurred on july 26th, there were a lot of hypothetical questions the judge asked as to whether the agreement covered this or covered that. Once again, when were talking theoretically, we dont have to. You have five years, painstaking investigation, looking at every possible transaction that mr. Biden was involved in, concluding that the only appropriate charges were two misdemeanors and a diverted gun charge. What could possibly change after five years . The answer is not the facts. Its not the evidence. Its not the law. So, if anything changes, people should be asked, what else came into play . So, are you saying that youre confident nothing will change, or youre saying if Thing Dos Change and this does grow broader in scope i mean, Special Counsels, they can staff up. They can have quite a budget. This could be bigger than it already is right now. Well, you could have more agents that would come up with the same evidence that came up after five years. You could have more prosecutors, if you were in court you saw that there were eight members of the u. S. Attorneys office in court that day, maybe seven. I dont know that you could find more bodies that would do anything different than the bodies have done over the last five years. So, am i confident that the conclusion should be the same . I am confident that if the prosecuting office follows the facts and the law, as they were prepared to say theyd done when they came to court on july 26th, that there should be no different conclusion than what they already came. And if, for whatever reason, we end up in a place where theres something different, we know by the nature of the history of this investigation that it did not come about because of any new evidence, any new law, or any new fact. So, therefore, i should be confident and we should be confident that you can change a persons title, but you shouldnt be able to change their conclusions. You know, one thing that stood out to me today was garland described the investigation as ongoing, which was notable because chris clark was another one of Hunter Bidens attorneys, said weeks ago that the entire thing was resolved. That was the word that he had used. What is the discrepancy there . So, the proceedings on july 26th obviously disclose a disagreement. And the disagreement was that we said what we understood the agreement to mean, which is what chris said. So, let me ask you and anybody whos paying attention the following question. What group of experienced attorneys would have their client plead guilty on monday to a misdemeanor, believing that the prosecutors could bring a felony on wednesday . So, as to what interpretation of the agreement made the most sense, i turn that question to you to answer it. So, theres only a few possible answers to the dilemma. Either there was a Garbled Communications between the sides. Possible. It could be that somehow the prosecutors thought they were making a statement that they turned out either not to be accurate about or not to be specific about. Or it could be, as you saw in court, that they seem to be changing their position as the proceedings went along. Well, it certainly seemed to be confusion from the prosecutors and from Hunter Bidens defense team over what the agreement was, whether or not charges could be brought in the future. I mean, they filed papers today, the prosecutors did, basically indicating that the two sides are still at an impasse over this. Do you now anticipate that this is going to go to trial . All i can say about that is a little bit about what i said a moment ago, which is, if the prosecuting office that were made up of republicans and Career Prosecutors after five years believe the proper charges were what happened on july 26th, then that should be the conclusion tomorrow, next week, or in the weeks following. Thats what im confident should happen. And should Something Else happen, then two things. One, people need to ask, if this was the conclusion after all this time, what changed . And it wont be the facts, and it wont be the law. And then the question is, what will happen then . Then well have to see. But im not saying that its not possible that what was appropriate a month ago isnt appropriate now. Well have to wait and see. But i can tell you that listen. One of the things you know about whats happened is that hunter has done everything right, cooperated in investigation, provided all the information, was willing to make sure that if something was found that he did wrong he would accept responsibility for that. And thats what he was going to do and was willing to do. The one thing hes not willing to do and will never do is to accept responsibility for say he did something he did not. So, as the charges were filed before, that fits into his idea of accepting responsibility. Should anything change . We will wait, but he and we will defend him. We will bring to the attention of the court anything thats appropriate. But im not and were not there yet. Where we are abby, i understand what youre saying, but is anyone asking no one is asking hunter biden to accept responsibility for something he didnt do. These are things that he has admitted that he did. Yes, but you just said, are we concerned or upset or worried that there will be additional things or that theres more staff right. The answer to that is, he has made very clear the mistake he made. And that is all he has made a mistake about. So, am i concerned . I am only concerned that a force other than facts or law will influence any additional decision. And if this prosecutor with a new title now continues in doing what hes supposed to do, which is to follow the evidence and follow the law, the conclusion should be the same. When you say force, who are you referencing . What im referencing, and this is not a surprise or a secret, right . From the moment this arrangement and agreement has been announced and filed, you have every Maga Right Wing Fan Nat Cal Person raving and screaming its not right, its not fair, its not just. You have the former president trying to use hunter biden as a way to excuse his own conduct. And at some point, that could pierce the noise would be so noisy that it gets in the way of the facts in the law. I am confident that a responsible prosecutor would not let that happen. Republicans say your client is treated differently because of what his name is. It sounds like you agree with that but from the reverse, the in a negative way. Heres the point about that, and you just said it. Millions of americans filed their taxes late. Millions of americans may or may not be in a Possession Of to the tune of millions of dollars. Well, i dont think thats right. Theres a very well known case here in the District Of Columbia of a partner in a law firm who did not file his taxes for, i think, 11 years and owed almost 8 million, and was able to resolve that with a civil result paying interest and penalties. There have been commentator who is have pointed out, if it wasnt for the fact hunter had the last name of biden, he might, in fact, have been treated differently. But we understand high Profile Subjects of investigations get more scrutiny. But that doesnt change the fact that once the mistake was identified, hunter wasnt running away from it. On the other hand, those who think that he got some sort of Sweetheart Deal should look at all the other people that have committed the same offense that he was willing to take responsibility for and see what happened to them. And of course it wasnt just the taxes. There was the gun charge there as well. But i want to just revisit what you were saying there when i was asking if youre worried about how broad this can be. Ask any president and several of our last president s. I think everyone except obama has had a Special Counsel or a special prosecutor. I mean, these investigations have a way of ballooning and taking tax that they did not initially have. Can you say with certainly that based on what you know theres no possibility that any of Hunter Bidens foreign Business Dealings will in any way connect back to his father, the president . Lets start with the latter. Youve had dozens of members of congress and their staff. Youve had dozes of members of right wing Media Picking and trying to find the connection between hunter and his business and other family members, and they have come up with nothing because theres nothing to come up with. But as to your point about Special Counsels, remember, this is not quite the Special Counsel that youre familiar with. David weiss was in charge of the investigation last year, the year before that, and the year before that. He is in charge of the investigation today and tomorrow. He has a new title. His powers, in our view, are the same. The evidence hasnt changed. The law hasnt changed. So, why, after grand jury proceedings, search warrants, interviews, and proceedings that came up with two Tax Misdemeanors and one diverted gun charge for the 11 days that hunter possessed a gun, should there be a conclusion not withstanding that he has a new name . That should not be the case. But can you answer the question about whether or not from what you know if youre confident this wont in any way link back to the president . What i know is what the evidence has revealed. I mean, that is what people should focus on. Its not as if this started yesterday or a week it started for five years with so many people in the United States, including with the power of subpoenas, as mr. Weiss has had, to look at every transaction that hunter was engaged in. In any place in the world in which he was engage. And what did they come up with . They came up with a decision that the only two charges to file were two misdemeanors and a gun diverted charge. Not any of the other things that the Maga Right Wing have been yelling from Money Laundering to foreign corruption to foreign agent, none of that. Its not as if it wasnt looked into. And now the conclusion was reached. So, do i know that that will change in the future . It shouldnt change. This is not a new Special Counsel. This is an investigation thats gone on for five years, leading to only those particular charges. So, how should it be different tomorrow . It shouldnt be. Hunter biden was pretty frustrated last month from our reporters in the courtroom when that plea deal was falling apart in real time. I mean, you were in the room as well. What was his reaction when Merrick Garland came out Attorney General garland came out today and announced he was being elevated to Special Counsel . His reaction was in the following order. First, i dont understand the difference because he had all the authority yesterday and he has the same authority today. Second, this is the man whos been conducting an investigation, whos a republican appointed by a Republican Attorney general, and had no motive to turn away from any wrong doing he found after he and his professional staff had looked at everything mr. Biden had done. And the third is, if its the same guy whos looked at the same evidence now with a new title, the result shouldnt be any different. The only thing that is different that we can determine as of this moment is that he does have he is empowered to write a report. And Merrick Garland has said he will make as much of that report public as possible. Do you expect that youd be surprised by anything in that report . No, quite the opposite. You know, the report will be a terrific