Former New Jersey Superior Court Judge Andrew Napolitano predicted that Hunter Biden will not see any jail time in the aftermath of his guilty verdict earlier Tuesday, telling Newsmax that the judge presiding over the case will likely find the underlying statute unconstitutional.
Though Biden faces up to 25 years in prison, Napolitano told "Carl Higbie FRONTLINE" it's his belief that U.S. District Judge Maryellen Noreika will rule that there should not have been a prosecution.
"These statutes under which he was convicted have already been found unconstitutional by a federal appellate court, which believes that they interfere with the right of the people to keep and bear arms under the Supreme Court's Bruen opinion," Napolitano said. "What is the court going to do? What is the judge going to do with [Hunter] Biden? My opinion: no jail time.
"In my opinion, the judge is going to follow the 5th [U.S.] Circuit [Court of Appeals]," he said. Louisiana, Mississippi, and Texas comprise the New Orleans-based 5th Circuit.
"[S]he's not bound by it in Wilmington," Napolitano said, adding he believes Noreika will "say that this statute is unconstitutional, and he shouldn't have been prosecuted for it. Just like with [former President] Donald Trump: no victim, no harm; there shouldn't have been a prosecution."
As for the verdict itself, Napolitano said the evidence was "overwhelming." Jurors delivered a quick verdict, having just started deliberations Monday afternoon.
"I'm startled that the initial vote in the jury, according to one of the jurors who spoke to another network, was 6-6 — six for acquittal, six for conviction — because the evidence of his guilt is overwhelming. Absolutely overwhelming," Napolitano said.
Noreika did not set a date for sentencing, but the timeline is typically within 120 days of the verdict.
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Mark Swanson ✉
Mark Swanson, a Newsmax writer and editor, has nearly three decades of experience covering news, culture and politics.
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