During the hearing on setting a trial date for the 2020 election interference case against former President Donald Trump, the former president's lawyer, John Lauro, brought up an unlikely person in the debate before Judge Tanya Chutkan: Hunter Biden.
Speaking to former federal prosecutor David Kelley on MSNBC's "The Beat" Monday, anchor Ari Melber — himself a former lawyer — laid out the absurdity of this play.
"There are places where, in conversation or online, someone can say a fact that sounds negative about Trump and what he did, and someone else will say, 'but Hunter Biden,'" said Melber. "And as you know, David, I support free speech and you could say those three words any time you want and then, at a dinner or barbecue, you decide how much you think that is a rebuttal or not."
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"I'm not saying Mr. Lauro said those three words — indeed, he didn't say the word Hunter," Melber continued. "But he did shoehorn in what, in law school, you might call a clever or creative way — he shoehorned the president's son into the hearing today. And I didn't see the judge respond negatively, although she certainly didn't endorse what he was arguing. But he shoehorned it in legally by saying, but Donald Trump has attacked Hunter Biden, how do we not know — how do we not know, David, that those attacks on the president's son didn't create a chain of events where the president picked an AG who picked a special counsel who went after Donald Trump as a 'retaliatory measure?'"
"It takes a while to explain it, as some internet theories do," added Melber, saying, "Your response, David?"
"It's interesting, because the judge is going to have to decide what to do with this," said Kelley. "In order ... to get this motion going anywhere, he's going to have to let specific facts in order to get a hearing on it. Because it's going to be a very fact-specific type of analysis, and I really doubt they're going to be able to allege facts that are going to tip the balance toward having a hearing. So, they're going to throw a lot of stuff out there, but I think, ultimately, the judge will have plenty of room to just say, this goes nowhere."
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