pre-trial hearings his celebrity attorney mark geragos. i saw him walk in ten minutes ago behind me here at the courthouse and shouted down to him as he walked along here how are you feeling? are you confident? he turned his head for a moment as if he was about to say something to me, thought better of it so nothing from any of the players so far. hunter biden now here for this trial, bill and dana. >> dana: thank you, jonathan. here we go again. you wonder if they are watching from the white house. >> bill: you were right about andrew who joined us an hour and a half go talking about the salacious details on this are not like we heard in the last case and the president is on record saying he wouldn't pardon his son. >> dana: that was before the old switch biden-harris. what a great show. enjoyed it. one more to go this week. harris faulkner is next. >> harris: the breaking news this hour is the son of the

president of the united states, joe biden, hunter biden, as we just saw moments ago live with bill and dana back in court today for his second trial this year. jury selection in his federal tax trial begins about an hour from now. the jury will decide if hunter biden is on the hook for allegedly failing to pay more than $1 million in federal taxes, all while he spent a boat load of cash on extravagant lifestyle. you are in the faulkner "focus." the unsavory details of joe biden's son and his behavior are set to be a focal point of this trial just like they were during his federal gun case back in june. hunter biden is facing nine counts of tax fraud, three of them are felonies. the maximum prison sentence for him would be 17 years. opening statements are expected

to begin on monday. former federal prosecutor and drew says buckle up. >> the first trial of hunter biden was salacious in your mind. the second one will knock your socks off, i think. i think it's a tall task for the defense to establish here. it is not just a one-time event like we saw in the gun case that spanned maybe a couple of weeks. this is years and years, multiple times of not filing the taxes properly. not paying it and misreporting wildly in the expenses that he claimed as business expenses. >> harris: president biden promised he will not pardon his son before he leaves office. here he is just days after the tax investigation was revealed. >> president biden: i'm confident. >> harris: in "focus" phil holloway former assistant

district attorney. phil, he is confident, the president of the united states is confident his son did nothing wrong. you, however, i understand feel like it is a foregone conclusion that he did something wrong. >> well of course, good morning, harris, great to be with you. everybody knows that hookers, porn and crack cocaine are not legitimate tax deductions, business writeoffs. that's what the government said he tried to do. the math issue. they know how much money that he made. they know how much money he owed and they know how much money he, according to the government, illegally deducted from his tax returns. so i think if you look at it like that, mathematically speaking, harris, guilt or innocence should be a foregone conclusion. but they are going the try to get jury nullification. they will try to get at least one juror to feel sorry for hunter biden because he was a victim of his addiction. so they are trying to get in all of that kind of thing. i think the judge is going to

tamp it down. that's what the defense is going for. >> harris: i want to talk about special treatment and bring in now karrie urbahn fox legal expert. given what phil said, jury nullification, if they go for that can they win and is it any kind of gate of what we've seen with this man before, a whole lot of special treatment because he is the son of president joe biden, i would imagine? >> yes. and i actually think the department of justice is going to be far more aggressive than they normally would be because they have to rehabilitate their reputation after giving hunter that plea deal of a lifetime that was exposed by simple questioning of the judge that we all watched unfold about a year ago. two, the political stakes aren't there anymore. joe biden is out of the race. so they have everything to gain and nothing to lose by showing they are not going to give him special treatment even though

they have before. one other point, harris, at the top you mentioned you played some sound from joe biden saying his son has done nothing wrong. i think it gets glossed over too much and here is why. attorney general garland reports to president joe biden. so when biden makes those comments, it is highly inappropriate because it can be interpreted as a directive to d.o.j. what to do in this case. if i was a d.o.j. and this was the trump/barr white house and department of justice i would have been blown up from phone calls with the press whether they were talking or whether the white house was directing. none of that from most of the press. >> harris: that's as it should be. it should be happening here. there should be a ton of questions about the sort of as the it communication going on between the president and his d.o.j. right now. when he speaks, the whole world listens. do you think merrick garland doesn't? phil, let's tap back into the

politics of this. karrie set it up well. my question goes to well, if the politics aren't at stake and they are trying to rehabilitate their reputation as attorneys, that might have been why there might have been some pressure that's two might haves, pressure on joe biden as he was thinking what will we do next, am i staying at the top of the ticket. not a lot of tea leaves to read. he is gone. interesting if this was coming anyway. >> look, harris, in terms of politics, i think there is a big question about why the government neglected and failed to charge hunter biden with the foreign agent registration issues, that would have allowed them to get into a lot more of the source and nature of all this revenue. if they did that, would it have potentially touched on the big guy, touched on president biden himself? and is that a political-type

motivation to not charge hunter biden with things that i think they could have and probably should have? because it certainly narrows the things. the judge has said he isn't letting that stuff in. if he had been charged it would have been relevant and all come in. in terms of politics, the landscape has changed. the president, i think, previously said he had no plans to pardon his son. but i don't rule out -- in fact, i'll go on record here. i predict there will be a pardon of hunter biden after the election. it would not come before the election, but i believe that there is a really good chance it will happen after the election. >> harris: i caught that, too. kerri, the promise he made before he was removed from the top of the ticket from the elite in his party and his vice president jumped over him to run for the white house, if you will. he doesn't have to keep that promise as a campaign promise anymore not to pardon his son. >> not at all. i agree with phil. i think it is probably likely he

will. what's the worst that will happen to joe biden? not like he is coming back. his political career is over. he will sustain 24 hours of criticism and a one-line entry in his wikipedia profile online. there is not much to lose to do that. he could also potentially commute hunter biden's sentence. the thing is hunter biden would have to be sentenced first in order for him to do that. sometimes that takes time. we see this in the case of donald trump, right? convicted early in june. sentencing is not until a couple of weeks from now. we'll certainly see what happens. to phil's other point about farah, the fact that the department of justice never charged hunter with not registering as a foreign agent gal vanitying around the world is mind-boggling when you consider just yesterday the department of justice charged two russians for not registering under fara and creating a fake

media company. they can do it when they want to. >> harris: no doubt. right now former president trump's federal election interference case is also in court. today's status conference is the first time the legal teams will meet since the u.s. supreme court had its immunity ruling and special counsel jack smith's revised indictment. both sides present their cases for a start date for the trial and the timing is really critical, 61 days until november's election day. smith did not push for the trial to begin before then but leaving the decision up to the judge. early notes from our team inside the courtroom, the judge said the court is not concerned about the electoral schedule and it is not something she is going to consider. critics are calling all the legal action against the former president politically motivated lawfare and a clear case of election interference. attorney leo terrell who was with me yesterday. >> every time the democrats or jack smith tries to go after

trump in court it backfires. the american people understand that the legal system against trump is solely against him because he is running for president. >> harris: your reaction to that, phil. >> i think leo is exactly right. there is no way that this judge is going to get a trial in before the election. it is just not possible. there is going to be notwithstanding the changes in this indictment, there is still going to be challenges by the trump team as to issues of presidential immunity. those things require hearings and the supreme court left us with very little guidance on how to interpret and apply their ruling. what is the burden of proof? is it -- clear an convincing evidence? what is the scope. the judge has to make the decisions. those decisions could be appealed pre-trial and so we may see these issues in this case get back to the court of appeals

or u.s. supreme court before there can be any trial. there is just feasibly no way logistically to make it happen before the election. >> harris: getting back to the politics for a second in all of this. i don't think the trial happening before november 5th is necessarily a goal for the left. maybe the goal is just to get a date so going into that debate you have something to say. you know he has this court date coming up and he was found guilty on blah blah blah and it gives them a talking point. that's the political side that's a possibility. >> it does. there will still be action whether trump wins or doesn't win between the election and inauguration. so the timing is very fluid. i agree a trial is almost impossible to happen before election. it's not just immunity that trump can argue. there was another case that didn't get as much attention at the supreme court handed down in june where she said a january 6th defendant could not be charged with obstructing an

official proceeding. just evidence tampering and things like that. that's one of the biggest charges the department of justice has brought against donald trump. so in light of that supreme court decision, i don't even know how that sticks going forward. that would significantly diminish what has been brought against him. >> harris: we started off with two greats from the legal department. we appreciate you. thank you so much. israeli prime minister benjamin netanyahue on fox this morning doubling down on what he had to say over the white house and the world being more critical of israel than of the hamas terrorists. and here we go again, russia, russia, russia. the biden-harris justice department accusing russia of election interference days before voters in several key states begin casting early ballots. >> russia collusion thing? it cast a cloud over president trump's entire presidency. still members of the mainstream

media that still believe it. >> harris: democrats are dusting off the same old stale playbook. congressman mike waltz in "focus" next. ruri: ichi, ni, san, shi... (1,2,3,4 . . ) ruri: ichi, ni, san, shi... (1,2,3,4 . . ) hina: ichi, ni, san, shi... (1,2,3,4 . . ) akari: ichi, ni, san, shi... (1,2,3,4 . . ) others: ichi, ni, san, shi... (1,2,3,4 . . ) others: ichi, ni, san, shi... (1,2,3,4 . . ) (♪)

(♪) you were made to chase your passions. we were made to put them in a package.

>> unfortunately we know that russia is not the only foreign power seeking to interfere in our elections. we have observed increasingly aggressive iranian activity during this election cycle. we will be relentlessly aggressive in countering and disrupting attempts by russia and iran, as well as china or any other foreign malign actor to interfere in our elections and undermine our democracy. >> harris: the headline in all of that is the biden-harris

administration said yesterday russia is trying to influence the 2024 presidential election. yesterday the justice department issued formal indictments. alleged scheme is targeting voters through online platforms in u.s. based social media influencers. part two of this whole chapters. some of that disinformation mentioned in the indictment includes russia's use of the terms record inflation, crime coming for people of color and immigrants, over spending on foreign policy and risk of job loss for white americans. journalist mike shellenberger with some key questions. >> the main issue here is that we have this continued -- we have this record of the department of justice running russian disinformation hoaxes twice, not once. the first time claiming that the russians favored trump when we now know that they favored

clinton. and then the second time the hunter biden laptop where we now know that the f.b.i. ran a disinformation effort to make people think it was about the russians. so nobody should trust blindly the department of justice when it says anything about russia. >> harris: well, some recent headlines offer a similar view to what he is talking about. the daily caller, biden administration revives russian election interference boogeyman in time for november. the "new york post" went after the administration for turning a blind eye to another foe, the editorial board writing biden goes all in on russiagate 2.0 while ignoring china's creeping attacks on democracy and former secretary of state mike pompeo with this. white house put blinders on as china infiltrated our government. that's referred to the accused chinese double agent working for democratic new york governor kathy hochul.

they did so much more. they were flying spy ball ounce. setting up their own police precincts in america. china is here. let's bring in mike waltz of the house foreign affairs committees. what china has done is no secret and what about iran? they took action against russia putting that right back in the fold 61 days out from election. >> let's compare those two because you nailed it. what about iran? there is a big difference and we should take it all seriously, of course. but there is a big difference between influence operations and actual hacking and assassination attempts. so my question for garland and wray and the whole, you know, display of serious-looking officials there, where was your

big press conference when iran actually hacked the trump campaign? where was your big press conference a few weeks ago when a pakistani national with ties to iran was arrested putting down payments on hit men and spotters and protestors to cause a distraction to actually kill president trump? to try to literally talk about election interference, to literally try to kill a presidential candidate. where was their arrests and indictments with biden and obama and harris's lead negotiator for iran, rob o'malley, which has been completely sidelined who was literally emailing the iranian foreign ministry before he a came to congress to talk about the iran deal and finally talk about election interference and sewing discord, where is the indictments and the big press

conference and big display with iran actually funding the completely disruptive and anti-semitic protests all over college campuses all over the united states? but we get crickets on all of that. quiet press releases in the middle of the night and yet russia 2.0 we are going to blow it up two months before election day. it is completely hypocritical and as we've told wray and as we've told garland, you are causing the total destruction of confidence in our justice system in the united states. >> harris: wow, you list so many there and there are scores of examples of u.s. election disinformation peddled by iran and china. iran emerges has a flurry of hacks and websites. they've intensified efforts to

discredit american democracy and possibly tip the race against former president donald trump. when it comes to china, reuters is reporting on a research project that found a massive disinformation campaign that is, quote, part of a known chinese state-linked effort analysts called spam or dragon pushing spam and propaganda to the internet. the effort stepped up activities as the election approaches. leveraged thousands of accounts across social media platforms and websites. f.b.i. director christopher wray yesterday. >> what is your message directly to the leaders of china and iran watching through the camera lens right now? >> knock it off. as long as adversaries keep trying to influence and interfere in our society and democratic processes they will keep running into the f.b.i. we'll keep calling it out. >> harris: okay. so we got a don't from biden to iran and a knock it off to china

from the head of the f.b.i. that is some weak stuff. >> here is my message to director wray. maybe you should apply more agents to deal with our adversaries and enemies trying to interfere than you are worried about parents as domestic terrorists or catholics. let's focus on the real threats here. but here is the thing. when he says knock it off, people like xi and the ayatollahs say or what? it's an empty threat with harris and biden at the white house who wake up every day thinking about what is another concession i can give our enemies and how can i put more pressure on the israelis and netanyahu to cave? there is no or what? there is no or else. it is absolutely empty and that's why our enemies are on the march because of the weakness that's in this white house the last four years. >> harris: you hit the nail on

the head and we'll move to it. israeli prime minister benjamin netanyahue was on "fox & friends" earlier going after hamas terrorists and the finger pointing against israel when it comes to cease-fire negotiations and getting a hostage deal. let's watch. >> this war would be over yesterday if hamas laid down its arms, released the hostages. it will be over in two seconds. hamas is refusing to do that. a savagery that not only endangers israel but all democracies. i have red lines. they were set before this massacre, this latest murder. but they have become redder. i have areas of flexibility but now to go and make concessions after these murders? it is a license to kill hostages. >> harris: i want to go right back to the congressman here. i have red lines and they are redder now. congressman. >> you know, i thought the most

powerful part of his statement was what has changed in the last five days since six hostages were literally shot in the back of the head by terrorist thug killers? are you kidding me? seriously? biden and harris are going to put the onus on him? here is what's going on, harris. here is what's going on. this is all about domestic politics for harris. they are petrified about losing michigan, petrified that these college protests are going to kick off once again now that college is back in, and get b.b. to cave and get it off the headlines through november. even if you condemn israel to more october 7th, so be it. it is all about power for harris and it is despicable and she should be ashamed and thank you bibi netanyahu for standing up for your interests just as we

would if we were attacked like they were. >> harris: "fox & friends" had a great interview with him this morning. everybody should see it. i'm going to post parts of it. it was really good. and also great as always in terms of tearing all this foreign policy down and getting us to understand what's happening. congressman mike walz from the great state of florida. shocking new information on what you know was breaking beginning at this hour yesterday. the deadly school shooting in georgia. red flags were flying everywhere about the suspected shooter but still four people are dead and at least nine others are injured. plus former president donald trump set to speak about his new economic agenda in less than an hour. meanwhile, vice president kamala harris is feeling some heat over her latest proposals. >> she is an arsonist selling fire insurance. her policies is what caused skyrocketing interest rates.

her policies is what is hurting small businesses and the american people see it.

it's payback time. all these years, you've worked hard. you fixed it. you looked after it. maybe it's time for your home to start taking care of you? if you're 62 or older and own your home, a reverse mortgage could put more money in your pocket by eliminating your monthly mortgage payments, paying off higher-interest credit cards, and covering medical costs. you paid down the mortgage, invested in your home. i guess, you could say, your home owes you. just eliminating the mortgage payment freed up a lot of cash for us. i get to do what i want when i want. the fact that we're still in this home, means so much.

our customers' homes are taking care of them. maybe, your home could do the same for you. call finance of america and get your free info kit. call this number

>> harris: breaking news and we'll give you minute-by-minute updates on the status hearing for former president trump's federal election trial today. the hearing has already wrapped up and the judge says she will get a briefing schedule out as soon as today. notes from our team inside the courtroom go this way. one, the judge was visibly annoyed with trump's attorneys throughout. she said setting a trial date is an exercise in futility and the u.s. supreme court's immunity ruling will yet again impact the trial timeline. the first time the legal teams have met since that ruling and special counsel jack smith revised the indictment. special counsel smith was inside the courtroom today in the first row of the court and our team says he chuckled and smiled from his seat when trump's team

insinuated his appointment was unconstitutional in the background. november's election again 61 days away. we're following it stem to stern and keep you updated. the alleged shooter from yesterday at a georgia high school the f.b.i. confirmed he was already on their radar over a year ago. the bureau got anonymous tips on an online threats from the suspect. a local georgia sheriff's office then interviewed the suspect at that time and his dad, but said the threat did not rise to a certain level. the f.b.i. in a statement says this at that time there was no probable cause for arrest or to take any additional law enforcement action on the local, state or federal levels, end quote. the suspect is now charged with killing two students and two teachers. those beautiful souls are on the

screen now. nine others were also wounded. dana marie income nichol is in winder georgia an hour east of atlanta. dana marie. >> harris, as this tight community mourns, apalachee high school remains a crime scene. flags flown at half staff. memorial growing underneath them. so many questions remain but we know the gun used in the shooting was an ar-style weapon according to the georgia bureau of investigation. they're calling school resource officers heroes who engaged with the 14-year-old colt gray and got him to the ground quickly. the deputy took him into custody. last night we learned the names of the four people who lost their lives. mason, a 14-year-old student, christian, a 14-year-old student, and two teachers, richard and christina. according to the school website the adults killed were both math

teachers. the man was also an assistant football coach. questions remain how gray got the gun inside the school. we know the teenager was on the f.b.i. radar since last year. after the f.b.i. received a tip about the potential school shooting, local law enforcement here looked into gray's movements on the internet possibly connecting him to a discord account with a username in russian that translates to the spelling of adam lanza. the perpetrator of sandy hook shooting. they denied speaking russian or link evidence to that account. the sheriffs office report state that because they could not prove gray was behind the discord account the case was closed. nine people hospitalized yesterday are expected to survive. the shooter will be charged with murder and tried as an adult. for the schools in this county, they will be closed for the rest of the week.

harris. >> harris: dana marie, thank you very much. >> as president one of my highest priorities will be to strengthen america's small businesses. this is very important. we will cut the red tape that can make starting and growing a small business more difficult than it needs to be. let us be clear, billionaires and big corporations must pay their fair share in taxes. [cheers and applause] >> harris: she mixed that in as she was focusing on small businesses. vice president kamala harris's latest speech with hyping her economic policies. part of the plan is to raise small business tax deductions from five to $50,000. that comes with a potential $20 billion price tag because there is nothing free and everybody else has to pay for that. it will take a decade just on that one part of her plan. she also split from president biden to propose a top tax rate

of 28% on capital gains. that is more than 10% lower than biden's proposal. harris added she would want a 25% minimum tax on unrealized capital gains. there are a lot of people upset over that. for anybody worth more than $1 hundred million. that means some of your biggest employers in the country. hum. americans would have to pay taxes on the assets that go up in value as well. congressman ro khanna, a democrat, doesn't like this plan. despite being a campaign surrogate, here he is. >> let's say you are ancientent and create a company and gets to 100 million or 200 million on paper. now you are taxing that you will probably force that person to sell it. do you really want the entrepreneurs to be forced to sell their companies to larger institutions and to decline in value? i get why but this is not the

right way to do it. also 95% of investments in start-ups fail. so you will disincentivize investments in the start-ups. >> harris: who do you think would like to buy up some of our biggest companies that will be overtaxed? china. anyway. one opinion piece put it more bluntly. kamala harris's unrealized gains tax so dumb it is truly historic. that's a quote. former president donald trump will speak in new york city soon in a few minutes to highlight his own plans to repair the broken economy under biden and harris. jason chaffetz, former republican congressman from utah. first of all, what is your initial reaction to some of the policy now that is kind of coming drip, drip, drop, drop out of kamala harris. we don't know a lot of it but a little bit. >> i don't think there is a single person in america if they have a choice to get economic advice and financial advice

would go to kamala harris. i would go to trump. to hear harris say it we're one tax increase away from prosperity in this nation. it just fundamentally does not make sense that raising taxes is going to make it quote, unquote, more fair and that it is going to actually allow small businesses to thrive. she is parroting this idea of cutting regulations? that's donald trump republican idea that has been out there for a long time. glad to see her finally coming on board with the realization that these regulations are what's holding back america from actually thriving. >> harris: such a mixed bag it's hard to know where she stands. other things, free healthcare for border crossers. we have a lot of things that she wants to pay for and just this one portion is extremely expensive and we will all pay that in one way or another.

the inflation will remain stubborn. a lot can happen. "wall street journal" column with this headline. kamala's economy is biden's economy. trump should ask her if she ever disagreed with the president's economic policy. jason. >> yeah, she is out there on tape bragging about the success of bidenomics and how excited. she was giggling she was so excited about it. let's also remember that kamala harris took a position to say that she wants to get rid of and allow to expire all of the so-called trump tax cuts. that means every single american in this country is going to get a tax increase. we should believe her. >> harris: jason, great to have you. thank you so much. the countdown is on for next week's presidential debate. it won't happen before the first early ballots already will be going out. that begins in north carolina among the battleground states tomorrow. what voters will be looking for

from each candidate is what we'll get into. plus the white house fielding questions about the flip-flopping by the vice president. >> if the vice president's values have not changed, why have so many of her positions on policies changed? >> harris: well, the answer from the white house press secretary coming up. get your popcorn. in this crazy world how do you protect and grow your investment portfolio and your retirement money? the smart investor has their money in a guaranteed product that goes up with the market. their gains lock in, and when the market goes down, they don't lose money. forward with their money, never backward. and we do it for our clients every day. if you have at least $100,000 to invest, get your investor's guide and see if it's right for you.

breaking news that hunter biden is indeed changing his plea in this tax evasion case to guilty. we do not know at this point whether this is the result of some sort of plea deal. it would be reasonable to assume that there has been some deal done between the defense and the prosecution to bring about this change in plea to guilty. the question is now what kind of sentence might he face? there were nine charges, remember, that he faced here. three of those were felony charges punishable in total by

up to 17 years behind bars. so the question will be going forward, if he has -- if he is now about to plead guilty, what will the sentence be? another big question, of course, harris, that everybody will now be asking is will president biden either pardon his son on this guilty plea to these tax evasion charges and indeed the gun conviction he got earlier this year in delaware? or will he perhaps commute both of those sentences. now president biden has previously said, harris, he would do neither of those things. here is the caveat. an important one. president biden said that no pardon, no commutation, before he decided not to run again for the presidency. so breaking news. we have a guilty plea in this tax evasion case. we now wait to see what the terms of the deal, if indeed

there is a deal. exactly what the terms are. >> harris: as i've been saying this hour all bets are off when you aren't at the top of the ticket and urbahn said it will be a line on his wikipedia page if he commutes the sentence or pardons him all together. what does he have to lose as a father? he may very well go back on that campaign promise because he is not campaigning for himself any longer. maximum sentence 17 years for what he faces today. what this does do, jonathan, is speed up the timeline. now you will get a sentence faster. you aren't trying to fight the case. that does leave some room, then, i would imagine, for some leverage in the case and plea and some kind of plea for a lessened sentence and biden more time to act as well. you are right. wait until after he is out of office to look back and say could i or should i have and it

will be over by then. >> we got our producer who has come out of court. not sure if he has any details on a plea deal. lee, at this point no deal in place. they have to work through some of the legal mechanics. the breaking news straight out of the courtroom and our producer lee. there is no deal in place at this point. there is the potential for a deal to be done but they have to work through some of the legalities of that, harris. so at the moment we simply do not know what kind of sentence he might face. you talked about the potential for up to 17 years. we can probably safely assume it will be a lot less than that, if indeed there is any prison time involved at all. but we'll have to wait and see. the breaking news straight out of the court no deal in place at this point. there is a guilty plea, harris. >> harris: one of the things my legal guests said at the top of the hour was that there was a need to rehabilitate the

reputations of these attorneys after that sweetheart deal fell apart. and it may be a lot less than 17 years that he would face in a new structured deal or maybe it wouldn't be a whole lot less. i agree with you, jonathan. it gives them leverage. gives his legal team some leverage and saves a lot of time in the process of his dad wanting to help him before he leaves office for a commutation or pardon. >> right. of course, harris, we should point out that this is pure speculation, of course. we don't know what president biden might intend to do. but it may be a simple fact at this point that hunter biden doesn't care what the sentence is because perhaps he knows that it is going to be commuted. we don't know that at all. president biden said he won't. but that is obviously a distinct possibility that that's in hunter biden and lawyer's minds. >> harris: he said he wouldn't do any of that, president biden,

when he was running for office and would have been held accountable for the promises during the campaign. doesn't matter now to him. he is in the last few months of that presidency. jonathan hunt, we appreciate the quick breaking news on this always. thank you. kerri urbahn is with me now. i was doing some quoting of you because you were spot on with the politics of this. your initial reaction to the change in for hunter biden saying yeah, i'm guilty. >> hunter biden would have been insane not to plead. i've been saying this all along and so has andy. it is shocking to me he hasn't. such a clear-cut open and shut case and what it was probably going to reveal not just about him and his lifestyle but about his father potentially, the embarrassment and potentially implicating criminal activity was just, you know, it was huge. it never made sense to me that he was going to go forward with this trial. so if he has decided the plead

guilty, it is the smartest thing he could have done. >> harris: you were talking about andy mccarthy there. all of our fox news legal analysts have been kind of watching this together so our audience will get the benefit of many takes on this all day long. i want to start with you. the news is breaking, kerri, what does this mean for the gun charge case as well? >> it doesn't affect that. the sentencing for that is after the election. a separate issue all together. and the reality, though, of course, as has been discussed. the president could pardon his son on both. he has nothing to lose like we discussed in your hour just 45 minutes ago. and so i think the most -- interesting thing that will happen now is what is the sentence, what is the punishment? and that will be interesting to see if how much prison time and fines. again, president biden could both pardon him and commute his

sentence. >> harris: i was quoting you when we were talking about that moments ago, our correspondent jonathan hunt and i and he was right to point out we don't know. we agreed since there is nothing to lose, the campaign is over for biden in terms of him returning to the white house. and jonathan pointed this out, too. i thought it was kind of interesting. hunter biden may have factored all this in and said it doesn't matter what the sentence in if his father is going to help him. all of it needs the facts behind it in terms of what this case will look like and what biden would actually do for his son. >> that has been, i think, hunter's mindset from the very beginning. this is a person who made money off his father's name in unsavory ways across the world with little regard for consequence. spent that money on drugs, on prostitutes, knowing but frankly seemingly not caring how it could hurt his father both in that state and then later on as well.

and i think it is probably because he thought he could get away with it. that is not sympathetic to a jury. it doesn't matter if you struggle with addiction, recovering addict or anything else. there is no one in america who can get out of jail free card from their dad with all of these potential committed crimes other than hunter biden. so that was going to be, i think, an insur mountable obstacle for his defense team to overcome. i also think he thought if his father became president it would all go along. when that plea deal was exposed for what it was he suddenly realized, wait a second. my strategy is not paying off. why he waited until today to plead guilty, i don't know. but again, it makes sense because i think the next few weeks would have been disastrous not just for him but his father as well. >> harris: you know, just kind of digging into the legalities that he faced and discovery

being what it is, what you are saying is there would have been an unearthing because this was the money trail. different than the gun charge case. this was about tax fraud, this was about, you know, foreign dealings that he had and why would he have had those without the name of his then vice president dad, joe biden? it really could get very complicated. not anymore, though. can't even really be used as a talking point in the debate, convicted felon hunter biden if he pleads guilty and then there is still time and please let me know if i'm wrong about this, how quick could you pardon him? >> that's exactly right. he could pardon him until his last day in office? >> harris: could he do it before tuesday? >> he could but shouldn't. a bad look at a minimum. a great point you are making. eliminates the talking point all together from the debate, from

the campaign. but again what this case was going to likely reveal about hunter and his father, it was nothing compared to the gun case. nothing at all. in fact, interestingly the judge in this case admonished d.o.j. for putting too much information about some of these pay for play schemes into the filing. he said that's not the issue. the issue is that hunter biden not paying taxes. d.o.j. was dumping that in there probably as part of their efforts to rehabilitate their reputation but wanted people to see what hunter biden was up to for so many years. >> harris: or you could just go to youtube. it is a tawdry tale. hunter biden says he is guilty. kerri, thank you for all your legal expertise this hour and thank you for watching the "focus." "outnumbered" after the commercial break. get a newday 100 va cash out loan at lower mortgage rates

to pay off those high rate car loans.

leo! he's there when we wake up, he's there when we leave, he's there whenever we come back home from school, he's just there always. mash it up doofus. ever since we introduced him to the farmer's dog, his quality of life has been forever changed. he prefers real, human-grade food. it's... ...like real food!

it is! he's a happy dog now. he's a happy, happy dog. he's a happy, happy, happy dog! (vo) if you have graves' disease, your eye symptoms could mean something more. that gritty feeling can't be brushed away. even a little blurry vision can distort things. and something serious may be behind those itchy eyes. up to 50% of people with graves' could develop a different condition called thyroid eye disease, which should be treated by a different doctor. see an expert. find a t-e-d eye specialist at isitted.com