have that gun. everyone must be accountable for their actions. >> john: special counsel david weiss speaking last hour after hunter biden's conviction in his federal gun case. now we wait to hear from the president and a gun safety event here in washington, d.c. welcome back to "america reports" as we roll into our number two come a lot ahead in the next 60 minutes. i'm john roberts in washington. >> sandra: i think i said this twice you just can't make this up i'm sandra smith in new york, the judge did not set a sentencing date yet, john, but here's a look at the punishment the president's son could face. the three felony counts carry up to 25 years in prison and fines up to $750,000. although legal experts say present time is not likely because the president's son is a first-time offender. juror number ten from hunter's trial spoke to fox news a short time ago about blocking out the biden name when it came to reaching a verdict in this case. >> you just have to turn away and focus more on what the defense is saying. what the prosecution is saying, you know. that's basically what i started doing. i tried to block it out block the rest it out. and just put why he was on trial. just that he was like anybody else. and i believe they brought that up in court. nobody is above the law. >> john: just like anybody else, mercedes colwin and jonathan turley will join us in a minute but we begin jillian live at the white house with more, we are expected to hear from the president in the moments had come a jillian what are they saying at the white house right now? >> well, president biden as you mentioned is about to speak to address this gun adds risky group called "every town" right across from the white house he will then travel to wilmington, delaware, a trip that was just penciled into his official schedule about 15 minutes ago, john. frankly the remarks he was giving this afternoon did not come at a worse time for the president in terms of optics. he is advocating some of the very same gun control laws his son is now convicted of breaking. as we wait to hear from the president we have a statement put out on his behalf it says as we wait excuse me and says "as i said last week on the president but i'm also a dad. joe and i love our son we are so proud of the man he is today. as i also said last week i will outcome the stomach, except the outcome and continue to respect the judicial process as hunter considers an appeal. jill and i will always be there for hunter and the rest of our family with love and it is notable, john, the president's official statement says they are at least considering appealing his conviction. this from the white house before the defense even said anything about it. we also know the president has no plans, he has gone public with this, to pardon his son, take a listen. >> as we sit here in normandy, your son, hunter, is on trial. i know you cannot speak about an ongoing federal prosecution, but let me ask you, will you accept the jury's outcome, their product and no matter what it is? >> yes. >> have you ruled out a pardon for your son? >> yes. >> the organization hosting the president, any moment now has this in their mission statement they say people with dangerous histories must be prohibited from having guns. this includes on unlawful drug users meaning they should not be allowed to possess firearms. as of now, john, we have a white house briefing on the books for 2:30 p.m. today but just now the white house rescheduled a john kirby day goal for 2:30 p.m. not sure how things will shake out there, back to you. >> john: keep watching a fluid situation there, julie and think it let's bring judge jeanine jonathan turley. let me go to your first because i have the form 4473 here. and it is says right here in clear black-and-white "are you in on waffle user of or addicted to marijuana or any depressant, stimulant, narcotic drug or any other controlled substance, yes or no?" hunter biden allegedly as we saw from that evidence entered in answered no to that. abbe lowell try to make the case that hunter biden may not have been using drugs at the time that he bought the gun, but there is significant evidence he was a user of or addicted to a controlled substance at the time. this was a text message the prosecution played out to the jury. q it's q i'm at 7-eleven. eo, it's q hoping my text reach you. already lost cell. this number is a contact number for me, feel free to hit me back. hunter: meet me at 7-eleven at three. that was the day before he saw the gun. if you were a juror, jonathan, what would that save you? >> well, i think it's rather obvious. particularly the day after he bought the gun at there was another text with him trying to score drugs off a guy named mookie. what the defense said you don't know if he was at 7-eleven a buy a doughnut and that is something that was interesting when fox reached that juror, one of the first concrete things he said was about the 7-eleven message. in his book, hunter talks about scoring drugs at 7-eleven in wilmington. that is an example of where a type of jury nullification defense can go too far. you can overplay it. and you can go from empathy to insult if they jury. they obviously rejected these claims and it fell apart pretty quickly for the defense. >> sandra: so, judge we are getting some color from lunch, the lunch hunter biden is now having following his guilty verdict. this with one of our producers right now, hunter biden is probably at a food hall in wilmington from the courthouse he is having lunch with his wife, melissa, and their youngest son. he seems upbeat, smiling, and he is taking pictures with locals who are coming up to say hello to him. he appears extremely relaxed or at least he is showing an extremely low relaxed demeanor and one more update from that lunch his son is sitting on his lap and he is smiling talking to him. so he is off to lunch and we got an update from the white house that the president after this event has changed his plans for the afternoon and will now be heading that way towards his s son. >> first of all i think whenever someone is convicted in the family one of the things they try to do is to try to, you know, create a sense of normalcy. i mean, they are still processing what has happened to them. hunter biden never expected this would happen. the biden family didn't think it would happen. i mean, hunter biden is processing the fact this is the first time in his life and 54 years that justice is being doled out to him based on his behavior. and you know his father coming to him obviously is the right thing to do. i think the white house immediately after the verdict issued that statement. i think it was a smart thing. it would give them the opportunity when he is at this whatever, every town gun control event and say i already spoke to my son's issue and i won't talk about it anymore and i am sure he will be walked away from any questions. it's an attempt to bring normalcy and also an effort to not seem hypocritical which anyone can see is the problem. and this jury did not want to be insulted with the effort on the part of the bidens or defense attorney with a sense that made no sense which is different than the term case because nobody really knew what the crime was. we had to wait till the charge at the end. here, everyone knew what it was about. everyone knew someone virtually eight of the 12 who had an addiction. or drug abuse problem, or people who had guns. this is familiar territory for everyone. it was a simple, straightforward case. >> john: so, jonathan, this is what david weiss said about the case. he says "this is not about addiction it's about the illegal choices made in the throes of addiction, known as above the law." per flashback to a little more than a year ago when david weiss was more than happy to enter this plea deal with hunter biden that would have granted him future immunity from any prosecution over literally anything. and weiss was happy to put into agreement that the case had been resolved. after that of course david weiss a u.s. attorney sought to the special counsel but how do you go from where david weiss was a year ago to the guy that we saw last hour? >> it's pretty hard to watch a victory lap by david weiss when he was forced into the race at gunpoint. he wanted to throw the race. the plea agreement was really something to behold because the judge asked one question and it just disassembled in open court because it was ridiculous. and the prosecutor admitted he had never seen anything like it, but what is really still unanswered for david weiss is that he allowed very serious federal crime to expire into the statute of limitations even though he had an agreement that would extend the statute of limitations. so the jury is still out on david weiss. they have come in on hunter biden. but no hunter biden close to california as a convicted felon. some of us said he shouldn't of pled guilty before this trial, now it's overwhelmingly clear that he needs to plead guilty before the california trial. >> sandra: we know what we are about to hear here, judge, if i cannot be put on the political hat as you keep on the legal head as well but this is going to be a moment where the president is going to tout his policies on guns as he is working. they will talk about drops in certain crime rates thanks to certain fbi data. the campaign season on this as well w what the spokesperson sad in a new memo that was sent out today that while biden signed major gun safety legislation two years ago trump has repeatedly come to the nra instead of protecting kids. he then said fighting gun violence is on the ballot this november and we are campaigning on this issue. i will note as i hand the question off to you, judge, that he is speaking on gun laws in the wake of his son's guilty verdict after breaking gun laws to you. >> it is -- go look, these are treacherous waters because if the press does its job, joe biden will be called out for the hypocrisy of all this with one of the ways they can avoid it is to drag donald trump end of this. so this is the first time we really heard from the lawyer, from hunter, from the family, the name "donald trump" so what we want to do is donald trump caved to the nra which is really laughable given the fact abbe lowell is giving the nra arguments to protect joe biden's son and try to get him in a reverse on appeal. and already the third circuit has dismissed that argument so they will wait till the supreme court decides this but it's a very touchy issue for the president. the way he avoids it is to go after donald trump and not answering regarding his son. >> john: we know this is a serious crime line, and often come on this crime 4473 but it's not often prosecuted. according to the national criminal justice association in the year 2019 fiscal year which is one hunter biden purchased his gun, the prosecutor's car 478 officials for lying on that form and file just 298 cases. this is with millions upon millions of people buying weapons. so prosecution like this is fairly rare. and to bring hunter biden to trial on this, how does that go with the overall prosecution don't you think about 447? >> it is rare, and weiss did not want to bring this case to trial even after the plea agreement fell apart. what weiss said was after the defense said "rip it up" in court, they did that but then they went and said why don't we reach a new agreement? weiss flame to the defense and said they were unwilling to seriously negotiate and the defense kept going to court saying "we think this agreement is still enforceable." many of us said that's crazy. there is no way you are going to get a court to resuscitate this agreement but the defense kept that of and went to trial which it was the mistake because weiss was clearly still willing to accept a plea and i expect there would be no chance of jail time. the small chance of jail time in that case is due entirely to the defense approach. we will have to see what the judge does. >> sandra: judge, one more from you because we will bring in charlie in a minute and i am no we are pretty close to the president but this is a remarkable moment saying this is the first time we got a statement following the guilty verdict but we have not heard him speak since then. >> i think clearly all eyes are going to be on the president. i mean we know, you know, celebrating juneteenth he seemed kind of out of it. that was the latest news we have seen and it will be very interesting to see how he reacts and conducts himself when he is in the midst of a stressful personal situation. isn't going to slip? is it going to say something? everybody is going to be interested in hearing not just that. >> sandra: as you set down here earlier, judge, the biden statements are out, we started getting the hunter biden statement from the president and he said at the top of his initial statement i am the president but i am also a dad, jill and i love our son. we are so proud of the man he is today. so many loved ones have had battling of addiction has seen them come up on the other side with strong and was late recovery as they said last week i will accept the outcome of this case and continue to respect the judicial process as hunter considers an appeal. >> to grow things. in recovery joe biden knows he is an addict when he uses that term and secondly the fact that, you know, we are talking about a gun here. we are not just talking about an addict. we are talking about an addict, a crack addicted individual, who literally lies to get a gun, and possesses a gun for 11 days only because his brother's widow with whom he was having an affair through the gun out. you know? let's not ignore the fact we don't need crack addicts getting guns. this isn't about a form it's about a who lies to get a gun and possesses that gun. >> john: judge thank you very much. stand by us if will again we are awaiting president biden that gun sense university at the washington hilton hotel here this video was taken a few moments ago as he was leaving the white house in the motorcade walking out of the gate there with you for y aviators on in te limousine that looks like the northgate i don't know why they are going out that way maybe it's a block closer. in the meantime let's go to fox stomach washington times opinion editor charlie hurt. charlie, this takes away the arrow that president biden had in his quiver for the upcoming debate where he could refer to donald trump as a "convicted felon" and not expect he would get it right back at him. >> yeah, it certainly does make it sloppier for their best lead efforts to hang that title on president trump, which by the way only seems to be helping him at least in the polls, but this whole thing is kind of amazing to watch this unfold. you know, let's not forget how we got where we are. the only reason hunter biden wound up getting charged with this was because this unbelievable sweetheart deal with prosecutors to fill apart. i was sort of amused when president biden was asked the other day whether he would accept the verdict because i was thinking myself i wouldn't use of this verdict? this verdict comes, this is what happens when you have extraordinary privilege, where you have extreme efforts made by everybody from the irs to the fbi to doj to the intelligence services there trying to bury all the overloaded domestic evidence in this obvious crime by hunter biden and let's not forget he is being represented by abbe lowell paid for by a so-called sugar brother which he never would've had except for his connection to his father and the fact his father was president. and so the idea that this is just plain old regular rough justice, this is not the kind of justice that most americans face. and i think it's kind of amazing the suggestion that joe biden would not accept the verdict are you kidding me? not to mention the fact there are all of these other crimes that have been laid out in the laptop along with the evidence used in this trial that would have been i think probably more serious involving a fairer violation for his lobbying efforts and tax evasion crimes. >> sandra: charlie if i can get one more in here as we are awaiting this event to begin there we will hear from the president for the first time since the sun's guilty verdict, while we are noting he is going to be talking about gun laws, that his son was found guilty of breaking, this is directly from the every town website, these are the top issues for the gun-control group hosting the president this afternoon. people with dangerous histories must be prohibited from having guns. that is in bold on the website. federal law prohibits certain categories of people from having guns. including among convicted felons and others unlawful drug users, charlie. >> this event is called gun sense university suggesting these are the basics and they are the basics. anyone was ever taught their child how to responsibly use guns knows drugs and guns don't mix. >> sandra: amen. >> john: thank you for talking to us. >> sandra: thank you, charlie. we will have more on the guilty verdict for the president's son hunter biden as we await the president's event, he will be addressing folks there in washington before he heads to delaware to see his son this afternoon. we will take a quick break, we will be right back. then psoriatic arthritis. cosentyx works on both for me. people with psoriasis on the scalp have a 4 times higher risk for psoriatic arthritis. serious allergic reactions, severe skin reactions that look like eczema, and an increased risk of infections, some fatal, have occurred. tell your doctor if you have an infection or symptoms, had a vaccine or plan to, or if ibd symptoms develop or worsen. still workin' for me. ♪see me.♪ craig here pays too much for verizon wireless. so he sublet half his real estate office... [ bird squawks loudly ] to a pet shop. meg's moving company uses t-mobile. so she scaled down her fleet to save money. and don's paying so much for at&t, he's been waiting to update his equipment! there's a smarter way to save. comcast business mobile. you could save up to 70% on your wireless bill. so you don't have to compromise. powering smarter savings. powering possibilities. >> john: let's bring in fox news contributor andy mccarthy and fox news legal editor kerri urbahn as we await the president and a kiss before i ask this question of jonathan turley a moment ago and i want to ask you because you used to work at the doj. we had david weiss in the last hour got up to the microphone and say "no one is above the law" but a year ago he was saying oh this case is resolved and we will sign this plea agreement and we are going to agree at least on the federal level and never prosecute hunter biden for anything for the rest of his life. how do you go from one to the other like that? >> i would love to be a fly on the wall over dinner tonight in wilmington with the biden family because they are still human beings. i said this earlier, it had to be like whiplash. they had hunter biden was offered a deal of a lifetime, it was about to go through, and then the judge stepped in at public outcry ensued given the deal was unlike anything else that anyone had seen including the judge who i think literally set i've never seen anything like this before. >> john: the prosecutor said he had never seen anything like it. >> and the prosecutor which did not make much sense to me given the fact they were involved in negotiating all of that so how if you never seen it when you are the ones doing it? but anyway under details. so yes, i would imagine they are pretty mad, doj, but president biden is in a tough position. it's his department of justice, he's about to speak at a gun event advocating for the laws which include the ones which hunter biden violated. so it just goes to show how tric