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Nov. 24, 2022 - Lionel Nation
17:17
What the Hunter Biden Recovered Laptop Actually Means
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There has been much discussion and much the brouhaha over the authentication of a laptop that is theoretically and actually connected to Hunter Biden.
In fact, data from a laptop That the lawyer for a Delaware computer repair shop owner says was left behind by Hunter Biden in 2019 and which the shop owner later provided to the FBI under subpoena shows no evidence of tampering or fabrication.
This is according to Independent Review commissioned by CBS News.
Now, while that is interesting and while that is certainly fascinating, let's go through specifically what that does not mean.
Let me put on my prosecutor's hat and go into a little detail with what I think ultimately will be the result of this and, moreover, what could possibly be the various, shall we say, outcomes of this.
Because people are just wild with speculation.
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Now, let me explain what I think is oftentimes the problem here.
People get wrapped up in a desired result.
They want to see someone brought to justice.
In my almost 40 years of lawyerdom, I don't know what that means.
I don't know what that means.
Justice is best defined as what doesn't occur.
It's when we say, well, justice, that's not justice.
Justice is a weird thing.
When it's meted, when you are the recipient of it, you think, okay.
Again, I don't know what that means.
It sounds it's either too harsh, it's not enough, it's misapplied.
Let me tell you what's going to happen right now.
You have this device.
Think of this as the laptop.
This is the Hunter Biden laptop.
And it was dropped off for repairs.
It was dropped off for repairs and abandoned.
Now, whenever you abandon property, you basically relieve yourself of any and all claims to title of this.
You don't own it anymore.
You don't involve yourself in it anymore.
When you leave stuff out at the curb.
By the way, that's a very fascinating situation.
May I just throw this one out at you?
Years ago, the police used to always say that they can go through your garbage because, after all, you've abandoned it.
You put your garbage at the side of the street and you've abandoned it.
And one court said, no, you have not abandoned it.
You have contracted with the city or some carting agency to pick it up.
Just like you haven't abandoned milk bottles when you used to leave that outside your door.
So it gets kind of confusing.
But normally on tickets like this, if you leave something for over 30 days, it's hours.
You've abandoned it.
Okay, fine.
So that's not the issue.
Then they look at it and say, well, what is it?
Well, it's authentic.
What does authentic mean?
What does authenticating something mean?
This is very interesting.
When you're in court, And you present a picture of something, when you provide something, when you say, well, you know, it's funny, I was there and I took a picture of the event.
Wait a minute, before you introduce it, you have to authenticate the document.
And normally you will go up to someone and you will say, Mr. Somosol, yes, I'm handing you what's been marked as state or defense exhibit number, whatever it is, for identification.
Do you recognize this?
Yes, I do.
What is this?
It's a picture that was taken, that I took, of the, you know, whatever.
Is this a true and accurate depiction of the event that occurred when you took it?
Yes.
Thank you very much.
At this particular time, I show it to the opposing counsel for inspection of possible objection and move that this be introduced as defense exhibit, whatever it is.
That's it.
Is this the thing?
Is this it?
Yep, that's it.
Now, we haven't even gotten to what's in it.
Is this what you dropped off?
Is this it?
Yep.
As opposed to, wait a minute.
No, no, no.
I can tell that there were hard drives that were added and there were things that were removed.
No, this is not what was.
Then you can argue, well, how much of it is dissimilar to what was left?
So, that's moot.
The issue is, yes, this information, this hard drive, this laptop, is in the same condition.
Or, is it true and accurate depiction of what was dropped off?
That's it!
The next issue is, what's in it?
Then we're off to the races.
Different issue.
Okay.
What does this mean?
What does this mean?
Instance, instance, let's say bank entry, name, email, videos, because it gets really interesting.
Because what the next issue is, chain of custody.
Let's say I represent Hunter Biden.
And you say, well, here we have some information which is tantamount to espionage.
Espionage.
Yes, this information.
Wait a minute.
That's not his.
That's not his.
That's not his stuff.
Wait a minute.
You're saying that this was...
A true and accurate depiction.
This may be the laptop that was dropped off, but this isn't espionage.
And even if it is, that's not ours.
He knows anything about this.
Well, it was on his laptop.
I don't know.
I don't know.
You think that's smooth sailing?
Sorry, buddy.
It was CBS authenticated it.
No.
No.
They didn't authenticate this.
And not only do we say that we don't recognize this, and that it's not his, we're saying this isn't, let's say, espionage.
Or this doesn't tie Joe Biden.
What does this mean?
Who is the big guy?
Or whatever the particular phrase is.
It's not that easy.
I mean, you can go on and on.
Well, what does this mean?
Now, there may be also information which we don't know about, and that is, Involving, perhaps, people are alleging maybe some things that might prove problematic, but here's where it gets really interesting.
Listen carefully.
You have two theoretical avenues of inspection and investigation.
The House, Jim Jordan and others, and the DOJ.
The DOJ, some argue, would be far more, shall we say, sympathetic.
To the President's son than the Republican House.
Not exactly far-fetched.
If the DOJ jumps in right off the bat and says, we are going to charge, we are going to investigate, stop that.
Bring this to us.
Stop.
You must stop.
This is a stay of proceedings.
All House investigation must be stayed pending.
The criminal investigation on our part, which takes precedence over your House committee.
Then we argue that one.
You see what happens?
Then it stops.
Sorry, Jim Jordan.
They got there first.
DOJ exercises their jurisdiction first.
Their supremacy.
It's almost like a supremacy clause argument, but even though it's still the federal government.
Sorry, some subordinate House investigatory committee does not in any way Rival or equal that of the Department of Justice.
So, you're going to have to hold off.
We now claim jurisdiction.
This is ours.
We're going to thoroughly investigate this.
And we don't need you gumming up the works with your contamination and the like.
Could that happen?
Yes.
I haven't even gotten to any of the information contained therein.
It's going to be, it'll last to the end of time.
Then we get into things about national security, executive privilege, believe it or not, privileged communications, relevance, political questions, just, and then, then, when it comes time to the issue, of perhaps charging Hunter Biden with criminal activity.
You then have to talk about competence to stand trial.
Competence at the time this was committed because, as you know, the problems this man has had through his life with drug addictions and other particular problems could make His capacity, his competence could call it into question and may provide sometimes perhaps a defense.
I don't remember what happened.
I cannot be held to the same standard as you.
I don't know.
And then you get to the humanistic problem where you're saying, for God's sakes, has he not been through enough?
And then, Let's say if at some particular point there is a nominal plea or something and he is then perhaps as part of some kind of quote sentence he is he agrees to some type of treatment and evaluation and the like it's not that everything will come to a halt but
the witness the defendant The subject, the target, the object of this, will have been sidelined by virtue of this condition of being drug-addled and the like?
This is so complicated.
So, I'm seeing, and it was trending today, trending on Twitter, this is the end!
This is the end!
No, it's not the end!
It's not even close to being the end.
I see nothing but procedural issue after procedural issue, jurisdictional issue, competing issues, motions, appeals, interlocutory appeals.
I mean, it could go on forever.
Jump the gun before you think, aha, it's all been taken care of.
There are loads of problems.
Because you have, of course, let me reiterate, the laptop.
And there have been laptop claims and email claims from Hillary Clinton to Anthony Weiner to you name it.
And it has been more complicated than you can imagine up until now.
Then there's the information contained therein.
And do you think you're going to do what?
Is this going to form the basis of what?
Possible impeachment?
Is that it?
Is that where this is going?
High crimes and misdemeanors?
Is that what Mr. Jordan and the House Republicans think they're going to do?
Good luck trying to get that information.
Pending, or while a criminal investigation is pending.
So, good luck if you think this is going to be smooth sailing.
It's not even close to it.
There are so many issues that face the prosecutor, the committees, and the like, and the American public.
I'll be talking more about that.
In the meantime, I want to thank you for your time and your effort.
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