"Do I have to do the allocution?"
Regards,
One thing I heard yesterday that nobody's talking about is that Hunter Biden essentially confessed under oath during the allocution portion of the hearing.
Part of the process of hearing the plea deal is that the witness has to prove that he knows the charges against him, he knows the things that the plea deal is offering to him, that he describes the crimes that he committed in enough detail to demonstrate that the prosecution had more than reasonable likelihood of proving their case in court, and that he is not being coerced to take the plea deal.
Hunter Biden, as a part of his allocution under oath, described the business deal he was setting up with a Chinese businessman. If was after this point that the plea deal fell apart when the defense and prosecution disagreed on the terms of the deal. This left Biden stuck with having already described his crime under oath and then pleading not guilty.
I don't know how he will be able to have his confession tossed out as it happened under oath in open court in front of the judge, the prosecution, and his legal team.
-PJ
You make a good point as to what Hunter Biden has said so far. But here’s how I think he’ll get off.
By prosecutorial misconduct.
Four types
What are the four types of prosecutorial misconduct
Failing to turn over exculpatory evidence. Tampering with evidence. Knowingly presenting false witness testimony or other false evidence to a court or grand jury. Asking a defendant or defense witness damaging and suggestive questions with no factual basis.
Examples of prosecutorial misconduct involving improper arguments include:
Asserting facts that are not in evidence.
Misstating laws.
Vouching for the credibility of a witness.
Mischaracterizing evidence.
Discriminating in jury selection.
Interfering with a defendant’s Constitutional rights.
Failing to train subordinates.
It would greatly benefit the Biden crime syndicate to have the prosecutor screw up and have a mistrial . Or if there is no mistrial, and a judgment is found against Hunter it will later be set aside for any number of reasons.
"Do I have to do the allocution?"
Regards,