First, Special Counsel david weiss, much criticized for his handling of the Hunter Biden Case, now kind of slips in under the wire here before the time runs out accusing the president s Son Of Illegal Gun Procurement given that he was on drugs at the time. These charges could hold a hefty maximum jail time, a first time offender. The max would be 25 years in jail. Hunters lawyers claim the agreement that could have kept him out of prison, they say it should still stand and no doubt they will continue to argue that. Weve got all of this Breaking News ahead. Were going to take to bill mcgurn of the Wall Street Journal, Andy Mccarthy is here and clay travis and Matt Whitaker. First to david spunt who has been Breaking News on this all afternoon. Lets go back to him for the latest. Good afternoon, martha. We knew this indictment was coming soon because Special Counsel david weiss office said in a filing a couple weeks ago they intended to indict before september 29. We didnt know it would be today until a couple hours ago. Hunter biden is facing those three Felony Counts, two of them are false statements. The first is a false statement lying on a federal gun form saying that he was not using or under the influence of narcotics or addicted to narcotics. The second is lying to an employee at the gun store in wilmington, delaware where he purchased that gun. The third is possessing the gun. According to a Special Counsels office, hunter lied on a federal form in 2018 to purchase a gun when he said he was not addicted to any drug or controlled substance when he knew that statement was false. The second charge is that false statement. As you mentioned, up to 25 years. Count one. Up to ten years in prison maximum. 250,000 fine. Count 2, up to five years in prison with a 250,000 fine. Count 3 up to ten Years Imprisonment with a 250,000 fine. Hunter biden and the doj hoped to avoid this day when they met in court in delaware on july 26. We have those court sketches right now from that day. The plea deal fell apart in a public way when the government would not guarantee that after signing the deal, hunter would be immune from any future prosecutions. Hunters attorney, abby lowell is pushing forward with the diversion agreement. Lowell says it was valid because it was signed by both parties. Special counsel says its not valid and would not keep hunter biden out of jails. I reached out to abbey lowell. Have not heard back. David weiss indicated in august that the Tax Violations could be recharged. He could indict or take those to trial in california where hunter biden lives or here in washington d. C. so possible this is not the only indictment that we see for the son of a sitting president , martha. Martha we heard from the irs whistleblowers that said that they uncovered felonies that were back burnered essentially and they went away. David weiss said he didnt have the authority according to their testimony to pursue those charges. They didnt have the last say on it. Now hes a Special Counsel in this case. Theres pressure on him to clear his reputation where this is concerned. David, well continue to follow this with your help. Thanks very much. Reporting from the Justice Department. Breaking right now, new reaction that has just come in from former President Trump on truth social writing this The Gun Charge is the only crime that hunter biden committed that does not implicate crooked joe biden, he writes. One down, 11 to go. The democrats with all of their horrible very infair. John illegal witch hunts have started a process that is very dangerous for our country. They have opened the proverbial pandoras box and its possible the usa will never be the same again. So sad with Exclamation Points writes the former president. With that, we bring in bill mcgurn, a fox news contributor. Bill, good to have you with us as always today as this news is breaking. We just heard from the former president. I want your thoughts on that. First, your topline take on this indictment today for hunter biden. Well, my Top Line Question is, why werent these charges brought in the first month of the investigation by david weiss five years ago . This is ridiculous. It raises more questions about the Justice Department and david weiss than it does about hunter biden. As my friend, Andy Mccarthy has written, david weiss has let the more serious charges lapse from the Statute Of Limitations. So i think what this does is show why its even more important to have the inquiry to find out what was going on with hunter and how much was his father involved. You know, this is the question. Whether or not you think david weiss is trying to save face here at this point with this charge or Vivek Ramaswamy came out awhile ago and said dont believe what youre seeing here. This is david weiss protecting the bidens all over again. What do you say to that . I think theres a good case for it. Look, he let these the Statute Of Limitations lapse on the more serious charges. He was going to give hunter an immunity deal, which not only was he going to try to hide in a curious legal way. Again, i think andy can speak to that. Were not going to get justice from the Justice Department on any of this. We have to ask some questions that havent been asked. This has been a multiyear investigation. This is what they come up with . It just you know, begs the question, why wasnt it done earlier if theyre doing it now . A Special Counsels job is not to vindicate his own reputation. Should be to get to the truth and file charges accordingly if they are merited. I think now were in a cleanup operation. Martha yeah, you make a great point, bill. When you look back at this, this is such a simple issue to charge, especially after the laptop came out. You have him doing drugs and holding the gun. So i dont know how much more evidence you need when youre investigating this to know that he was doing drugs around the same time that he was brandishing that gun on those images and then think back politically, bill, to the fact that now President Biden stood on the debate stage and looked at that evidence, was confronted with that evidence of that laptop and said it was russian disinformation. So what does he say about that now, bill . Yeah, i think its interesting. The white house is officially saying the Impeachment Inquiry is based on lies. But its not lies what theyve uncovered. Joe biden is the one that has lied. He lied when he said his son took no money from china. He didnt hedge it. Categorically denied it. Hunter admitted in court he took money from china. He used the Talking Point he just referred to that was cooked up by the former intelligence people just for joe biden to use. It was also a lie. The laptop wasnt disinformation. Hes fought every attempt to gather information to get at the truth. Most recently were reading that hes set in a war room to fight the impeachment. I think if you really are innocent, he would welcome an inquiry as a chance to clear his name. He could say, you know, when this when they finish with their investigations, im confident that they will find we did nothing wrong. Instead, he said many times hunter did nothing wrong and changed his own story about how he knew nothing about the business that to i wasnt directly involved. So i think joe biden is at least been very misleading about this. Hes not been called to account by a largely compliant press. Well see what happens with the American Public because they thought all this was going to be gone. Kind of wiped their hands clean of it heading into the election. Thats not the case. Well see where it goes. Thanks, bill. Bill mcgurn from the Wall Street Journal. Andy mccarthy is back with us, former Assistant Attorney and fox news contributor. Great to have you with us once again. What about this push back . You hear the pushback from President Trump, this that this is sort of the only charge david weiss has attached himself to that doesnt connect to President Biden. You can see similar sentiment coming from james comer on the hill. Are they making a good point . Absolutely a good point. The most interesting and Important Information that has come out in connection with the investigation has been the information about foreign payments in to the biden family coffers. Look, the Hunter Biden Gun Case is an interesting case. Its not really of Great National consequence other than the fact that he happens to be the president s son. The other conduct, were talking about tens of millions of dollars connected to regimes that are both corrupt and antiamerican that ended up in the pockets of the biden family and networks explicitly sold under what they refer to as the biden brand. Obviously they were selling his political influence. Thats the important thing in terms of national security. Martha it has been raised, 20 million and for what exactly . What did those Companies Get for their 20 million. David weiss has said the rest of this investigation is ongoing. You just pointed to some of those elements. We know the laptop is obviously real, which has been reported many times now. Now you have a gun charge that is build on what is on the laptop, what happens to the rest of what is on the laptop, andy . Further substantiated when you have the emails that went from devin archer and Tony Bobulinski when they talk about the path of this money . Martha, remember when those emails were . I believe that the Tony Bobulinski ones which were in connection with the cefc transaction, those are 2016, 17. The way that weiss has handled this case, theres a fiveyear federal Statute Of Limitations for almost every crime, meaning money laundering, fara violations. Other than that, a sixyear Statute Of Limitations for tax. Everything taxrelated prior to 2017 is gone. Everything else prior to 2018 is gone. Sandra so yes, were seeing all kinds of very damning evidence come out now, but what i think people have to ask here is the biden just its the department knew about this information, most of it five years ago. That fbi informant, that was 2017 that guy was interviewed. The laptop, we knew about in 2020. I mean, all this stuff goes back a long time. Martha yeah, thats why its the most important point, really. So the sort of backpedalling for five years means that most of this stuff cant be touched anymore. So the only thing that could and he got it in understood the deadline is this gun charge. So it follows that we may see nothing after, this because hes a firsttime offender, he may get off. He might have to do probation, a fine, Something Like this. This might be a big nothing. Yeah, you know, when the prosecutor is ready to actually dismiss the case on a diversion, the defense has a very good argument at sentencing that the guy shouldnt do any time. Martha andy, thanks. With that, we bring in clay travis here. Also want to mention President Biden is about to speak for the First Time Since this indictment. Well broing in clay travis to join us. Good to have you with us as we await the president here. No doubt he has a lot on his find. The focus is proving to the American People how well the u. S. Economy is doing. He may have an opportunity to pardon his son from these gun charges. I want to start by playing this sound bite. Its a throwback from Karine Jeanpierre on that and get your thoughts on this. Here that is. About a dozen crimes that hunter biden has committed. Ironically president ial perspective, is there any possibility that the president would end up pardoning his son . No. Is there i just said no. I just answered. Martha she said no to the pardon question. Sort of a definitive answer, the likes of which we dont get often from Karine Jeanpierre. Your thoughts on this, clay. Yeah, the president himself needs to answer that question now. I think this is the most consequential aspect thanks for having me on of these charges being filed. I love andy. We have him on the clay and buck show a lot. Hes been forth right about the need to be an indictment. Once you have a Felony Indictment brought like this, it is very reasonable, i think, for every media member to be asking the president of the United States, will you or wont you pardon your son . How many times, martha, have we seen republican president ial candidates ask in the wake of donald trump being charged with felonies whether or not they would pardon him in the event that they win the presidency. Joe biden is already there. He could come out tomorrow and wave the magic wand to pardon his son. It would end him politically, but its an important question that needs to be asked. I think several things here, martha, in a big deal. We need to give credit to the house of representatives. Without them doing this investigation, there would have been a Sweetheart Deal that was signed off on without the irs whistleblowerers and the hard work being done by the house of representatives. This is the result of winning the house in 2022 by the republican party. Second, the judge. Noriega. If she rubber stamped this deal, it would have gone on. Thats what we want a member of the judiciary do to hold the powerful accountable. She refused. Now they have to bring the weiss Special Counsel all of the Felony Tax Charges as well and they need to get those indictments down immediately so that the Statute Of Limitations doesnt run out there as well. This is a big deal. The bigger deal is getting the tax charges all officially filed as well. Martha lets play number 7, this is a montage to remind everyone what the president has said he didnt know about what his sons up to. Watch this. I did not know he was on the board of that company. I never discussed my business or their business, my sons or daughters. I have never spoken to my son about his overseas business dealings. I never discussed with my son or brother or anyone else anything having to do with their businesses, period. Martha so poll after poll, clay, now shows that the American People majority of the American People dont believe that. Most of them believe there was something illegal that was happening with regard to these transactions. What is the impact as the president walks out there in less than two minutes now, to tell people, the country is doing great, are they losing faith in him . Confidence in his credibility . Yes. Yeah, i think they are, martha. Remember what Joe Biden Ran On was ill restore honor and decency to the white house. Hes failed. This is important for the media there with joe biden right now. They cant say that hes not been involved in the criminal behavior of his son. Theres a lot of evidence. Now, if you want to argue theres not enough to charge him criminally or the level of his behavior does not rise to criminalality, thats different. In my opinion, if you look at Richard Nixon or bill clinton and if you look at donald trump, joe biden is credibly accused of more serious consequential felony behavior than either of those three men ever were combined. So for the Washington Post, the paper of watergate and the new york times, for them to remain willfully bind here is a direct assault on democracy itself and their role as a steward of it. The question is are they now embarrassed enough by these revelations. Martha thanks, clay. Sorry to interrupt. The president is starting. See what he says here. Sade, i told her when she walks off the stage and shes president and they say joe biden is out in the waiting room, she promises she wont say joe who. Do you have seats . Okay. I once said that early on in any tenure. Everybody take a seat. None of them had seats. You guys are impressive. Three of you are really close friends. One is about to become a close friend. Gov, my problem is your biceps are a little small. Youre not in very good shape. Ill work with you. See what we can do. Really and truly, thank you, thank you. I appreciate it very much. Senator ben cardin is i hate to say public servants, but its true. I judge my colleagues over the years based on not just intellectual capacity and decency but their integrity. The minute you have here have incredible integrity. Integrity. Its just amazing. Chris van holland is one of the reasons i got elected havent. He did my debait prep for me. Steny hoyer, he and i share the Eastern Shore of delaware and the Western Shore of maryland. That whole area in there. I keep telling him its part of