close Video Hunter Biden considering testifying not because he wants to, because he 'has to': Mark Eiglarsh Criminal defense attorney Mark Eiglarsh examines key developments from Hunter Biden’s federal gun trial on ‘Fox & Friends Weekend.’ Join Fox News for access to this content Plus special access to select articles and other premium content with your account - free of charge. By entering your email and pushing continue, you are agreeing to Fox News' Terms of Use and Privacy Policy , which includes our Notice of Financial Incentive .

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Hunter Biden's defense team is likely "banking on" the jury deadlocking on a verdict in the first son's historic criminal gun trial, a legal expert told Fox News Digital. "That’s what Hunter Biden and his defense team are banking on in this case," Heritage Foundation senior legal fellow Zack Smith told Fox News Digital when asked if the trial could result in a hung jury or even acquittal. "Legally speaking, it didn’t really seem like Hunter Biden has a defense to these charges," Smith continued.

"Particularly, some of the jurors might have had family or friends struggling with substance abuse issues and have some sympathy for Hunter Biden and his substance abuse issues." Hunter Biden’s trial began last Monday in .