In a first, a sitting US president's child goes to court. What is Hunter Biden's gun trial?

In a first, a sitting US president's child goes to court. What is Hunter Biden's gun trial?

FP Explainers June 3, 2024, 15:50:52 IST

Hunter Biden is scheduled to stand trial for felony gun charges in a historic case that could affect US president Joe Biden’s reelection campaign. This marks the first time in American history that a sitting president’s child is going on trial. Hunter Biden is accused of illegally purchasing and possessing a gun while using or being addicted to drugs read more

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In a first, a sitting US president's child goes to court. What is Hunter Biden's gun trial?
Hunter Biden, son of US President Joe Biden, departs the O'Neill House Office Building in Washington, US, 28 February, 2024. File Image/Reuters

Hunter Biden, the son of United States President Joe Biden, is set to stand trial on felony gun charges , marking a historic moment as no child of a sitting US president has ever faced such legal proceedings. The trial could have significant implications for Biden’s re-election campaign.

Here’s an in-depth look at the case, including the charges, key players, and potential outcomes:

What are the charges brought against Hunter Biden?

Hunter Biden, 54, faces three felony charges related to the purchase and possession of a firearm while he was allegedly addicted to drugs.

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The indictment, brought by the Justice Department under special counsel David Weiss, accuses Biden of lying on a federal gun purchase form by denying his drug use. He possessed the gun for 11 days in October 2018 before his girlfriend disposed of it due to concerns over his mental state. He has pleaded not guilty to all charges.

The charges include:

  • Lying on the Gun Purchase Form: When purchasing a firearm, buyers must fill out a Bureau of Alcohol, Tobacco, Firearms and Explosives form and affirm they are legally permitted to buy the weapon. Hunter Biden allegedly lied on this form by denying his drug use.

  • Illegal Possession of a Gun: Federal law prohibits individuals who use illegal drugs from possessing firearms. Biden had the gun for a brief period in October 2018.

Nabeel Kibria, a defence attorney, told CNN, “Guns present a danger if they get in the wrong hands, and that’s the impetus behind these laws. The evidence seems pretty stacked against Hunter … but who determines who is an addict?”

How far along is the trial?

The trial is taking place in Wilmington, Delaware, and is expected to last one to two weeks. Approximately 250 Delaware residents have been summoned for jury duty, with a final panel of 12 jurors and four alternates to be selected.

Hunter Biden, US President Joe Biden's son, right, walks with his wife Melissa Cohen Biden, to board Air Force One at Dover Air Force Base, Delaware, 31 May, 2024. AP
Hunter Biden, US President Joe Biden’s son, right, walks with his wife Melissa Cohen Biden, to board Air Force One at Dover Air Force Base, Delaware, 31 May, 2024. AP

During the selection process, potential jurors will be questioned about their ability to remain impartial given the high-profile nature of the case and their views on addiction and firearms.

Who are the key witnesses and is there any evidence?

Prosecutors plan to call about a dozen witnesses, including three of Hunter Biden’s former romantic partners: his ex-wife Kathleen Buhle, Hallie Biden (the widow of his late brother Beau Biden), and Lunden Roberts, the mother of one of his children. Their testimonies are expected to shed light on Biden’s drug use during the period when he purchased the gun.

Hunter Biden’s own words from his memoir and personal texts will also be used as evidence. In his memoir, Biden admitted to his struggles with addiction, stating he was almost always on drugs during that time.

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Also Read: How Hunter Biden is threatening to sue Fox News for ‘revenge porn’

His texts reveal a deep self-awareness of his condition, such as a message to Hallie Biden saying, “I’m a liar and a thief and a blamer and a user and I’m delusional and an addict unlike beyond and above all other addicts that you know and I’ve ruined every relationship I’ve ever cherished.”

Additionally, evidence from Hunter Biden’s infamous laptop, which contains messages and images that have been at the center of political controversy, will be presented. These materials include texts and emails that prosecutors argue support the claim that he was using illegal drugs when he bought the gun.

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Who are the prosecutors and the defence?

The case was initiated by David Weiss, a former Trump-appointed US attorney in Delaware, who was elevated to special counsel status by US Attorney General Merrick Garland. This followed the collapse of a proposed plea deal that would have resolved the gun charges and a separate tax investigation with a misdemeanor-only plea.

US President Joe Biden and his son Hunter Biden go for a bike ride in Rehoboth Beach, Delaware, US, 1 June, 2024. Reuters
US President Joe Biden and his son Hunter Biden go for a bike ride in Rehoboth Beach, Delaware, US, 1 June, 2024. Reuters

Hunter Biden’s legal team argues that Weiss only sought the indictment due to pressure from Republican lawmakers, reported CNN. However, Weiss has dismissed these claims as “fiction designed for a Hollywood script.” The defence also planned to call an expert witness to testify about addiction but was blocked by the judge due to procedural issues.

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What are the potential outcomes for Hunter Biden?

If convicted on all three counts, Hunter Biden could face up to 25 years in prison. However, first-time offenders typically receive much lighter sentences. The final decision on his punishment will rest with US District Judge Maryellen Noreika, who has been presiding over the case with a no-nonsense approach.

The White House has ruled out the possibility of a pardon for Hunter Biden, although this stance could change after the November election. The trial’s outcome could significantly impact Biden, who has expressed deep concern for his son’s well-being.

Also Read | Trouble keeps finding him: The many legal and personal problems of Hunter Biden

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Douglas Brinkley, a CNN presidential historian, remarked, “This trial is an albatross around President Biden’s neck and weighs very heavily on his psyche. For any parent to watch their child go through addiction, and now face possible jail time, it’s harrowing.”

Will the trial affect Joe Biden’s re-election bid?

This trial is unprecedented in US history. While other presidential family members have faced legal troubles, none have been subjected to a criminal trial while their parent was in office.

The trial’s proximity to the 2024 election adds a layer of political complexity. Biden’s allies fear the trial could become a major distraction, especially as he campaigns under challenging poll numbers and prepares for upcoming presidential debates.

Hunter Biden arrives for a court appearance, 24 May, 2024, in Wilmington, Delaware. AP
Hunter Biden arrives for a court appearance, 24 May, 2024, in Wilmington, Delaware. AP

In addition to the gun charges, Hunter Biden is also facing a separate trial in California in September on charges of failing to pay $1.4 million in taxes. This second trial, originally scheduled for June, was postponed but will coincide with the final stretch of the presidential campaign, further intensifying the political stakes.

The case not only holds personal significance for the Biden family but also carries potential repercussions for Joe Biden’s 2024 political re-election campaign.

With inputs from agencies

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