Biden, Waters’ comments not ‘significant enough’ for appeal in Chauvin trial verdict: Sol Wisenberg


Former Deputy Independent Counsel Sol Wisenberg told “The Faulkner Focus” Wednesday it’s “extremely unlikely” President Joe Biden and Rep. Maxine Waters,’ D-Calif., controversial comments would result in a reversal of the trial verdict of former Minneapolis Officer Derek Chauvin.

Wisenberg’s comments come as Waters visited Minnesota before the verdict was announced, and called on protesters to “get more confrontational” in the event that a jury opted not to convict Chauvin in the death of George Floyd.

Before the verdict was announced, Biden told reporters he was “praying that verdict is the right verdict,” and claimed he only made the statement because the jury was already sequestered.

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Former federal prosecutor Andy McCarthy wrote in the New York Post “[Chauvin’s] conviction now has a real chance of having the result overturned because public officials, who know better, have recklessly undermined the integrity of the trial.”

“It could be fodder or material on appeal if you can argue that this affected the jury,” Wisenberg told host Harris Faulkner. “First of all, you would have to be able to show that they were aware of it and would have to have some evidence that it affected their deliberations.”

The Fox News contributor went on to say he disagreed with the comments Congresswoman Waters made and called them “reprehensible.” Wisenberg added he’s “not surprised” by Waters’ statement “given her history.”

“President Biden, who, while his comments were nowhere near as inappropriate as Congresswoman Waters, shouldn’t have been made either…But no, this will not be, I believe, overturned for either of these reasons,” Wisenberg mentioned.

Despite Chauvin’s murder conviction being met with widespread approval among those seeking justice for George Floyd, the former deputy independent counsel argued the jury was not present when Biden made those particular comments, and he doesn’t think his statement is “significant” enough for an appeal.  

“It’s clear that he [the judge] was upset by her comments and criticized her, which I think was very appropriate, and her comments were very inappropriate,” Wisenberg told Faulkner. “The much more disturbing thing was the judge’s failure to change the venue in this case, but even that, this isn’t necessarily going to result in a reversal.”

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The Fox News contributor provided insight into what could happen next with the three former officers, Tou Thao, Thomas Lane, and J. Alexander Kueng, who were with Chauvin at the time of Floyd’s murder. The fired officers are all free on $750,000 bail ahead of their trial, which is set to begin on Aug. 23.

“I would certainly renew the motion, given everything that’s happened for a change of venue, and I would perhaps ask that their juries be sequestered for the entire trial,” Wisenberg argued.

During Floyd’s arrest, Lane asked: “Should we roll him on his side?” and Chauvin responded with “No, staying put where we got him.”

Thao, Lane, and Keung, face charges of aiding and abetting second-degree murder, as well as second-degree manslaughter over the May 2020 death of Floyd, and face up to 40 years in prison.

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“Every case is decided on its own facts; all of those will be factors there,” Wisenberg said.

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