Key questions in criminal trial of President Joe Biden's son

On October 12, 2018, Hunter Biden walked into the StarQuest Shootings & Survival Supply gun store, located off Highway 202, north of Wilmington, Delaware. He decided to buy a Colt Cobra 38SPL revolver. To do so, Hunter filled out an application called Form 4473, which spans several pages of small print. Question 11.e of the application asks the declarant to indicate whether he is an illegal user or addicted to a stimulant, narcotic, or other controlled substance. Hunter Biden checked “No.” A footnote asked him to confirm that his answer was true and warned that he would be prohibited from purchasing a gun if he answered “Yes,” and that making a false statement was a crime. Hunter Biden bought the revolver. The gun was found 11 days later in a trash bin at a Greenville supermarket, about a 10-minute drive from the gun store. More than five years later, Hunter Biden finally faced trial, becoming the first son of a US president to be tried in a criminal case.

The trial, which is underway in Wilmington, Delaware, began on June 3 with the selection of a jury of 12 people (six men and six women), plus four alternates (all women), along with 20 pages of instructions on how they should perform their duties. The instructions explain that their deliberations are confidential and that they will not have to explain their verdict to anyone. The verdict must be unanimous; all 12 must agree or there will be no verdict.

Here are the key points of the case:

What is Hunter Biden accused of?

President Biden’s son is facing three criminal charges under Title 18 of the United States Code: Lying to a federally licensed firearms dealer; Making false statements on a federal firearms registration application; Unlawful possession of a firearm. Prosecutors claim he was a drug user and addict when he purchased the gun.

What penalties can he face?

At the time the indictment was announced, the court outlined in a written statement the maximum penalties Hunter Biden could face: Up to 10 years for the first felony, five years for the second, and 10 years for the third, along with fines of up to $250,000 for each count and up to three years of probation. But those are maximums. For someone with no prior criminal record, who has been in rehab, and whose illegal gun purchase and possession were not accompanied by any other violent crimes, such sentences are unusual.

How did the trial go?

After jury selection, the next step is opening statements, starting with the prosecutor. The prosecution must present evidence of the crimes they are charging Hunter Biden with. This evidence can be documents or testimony from witnesses that the defense can also question. Hunter Biden’s lawyers can present their own evidence and witnesses if they wish. At the end of their turn, the prosecution will present its conclusions in its closing arguments. The judge will then give instructions to the jury, who will then retire to deliberate. The decision of the entire jury must be unanimous to reach a verdict of guilty or not guilty.

What must the prosecution prove?

To convict on the two gun-purchase charges, prosecutors must convince a jury that Hunter Biden knowingly lied on his gun-purchase application and that the lie was relevant to the purchase. On the firearms possession charge, they must prove that Hunter knew he was an illegal user of a controlled substance or that he was addicted to drugs and knowingly possessed the gun anyway.

What evidence will prosecutors provide?

The prosecution will use excerpts from Hunter Biden’s own memoir, “Beautiful Things,” in which he admitted to being addicted to drugs for four years until March 2019. Prosecutors also have access to text messages sent by the defendant around that time. “I’m sleeping in a car, smoking crack,” one message reads.

The DA is considering calling Hunter Biden's ex-wife, Kathleen Buhle, and his brother Beau Biden's widow, Hallie Biden — with whom Hunter later had an affair — as witnesses about his addiction.

Hunter Biden has pleaded not guilty. But Judge Maryellen Noreika, a Trump appointee, has made two lines of his defense difficult. The judge blocked an expert from testifying about Hunter Biden’s disavowed addiction when he bought the gun, especially given that he had already undergone an 11-day rehab program. She also rejected a version of the form altered by a store employee, saying it did not change the facts and would be misleading. The judge also rejected the defense’s claim that the defendant was being politically persecuted.

The fate of the plea bargain

Hunter Biden initially admitted to buying and possessing illegal weapons as part of a plea deal with prosecutors that would result in a lesser sentence on two criminal tax charges and a temporary dismissal of the gun case. Prosecutors initially were willing to drop the gun case in exchange for Hunter abstaining from drugs for two years and giving up future gun possession, a common deal in similar cases where the defendant has undergone drug treatment and has no prior criminal record.

However, the deal fell apart just as it was about to be approved. Judge Maryellen Noreika rejected it due to differing interpretations of the agreement between the prosecutors and defense attorneys as well as pressure from Republicans.

Can the president pardon his son?

The answer is yes. The crimes his son is charged with are federal crimes, and the president has the power to pardon his son if he is convicted. Joe Biden has so far stayed out of the case, but has expressed strong support for Hunter as a father.

Mr. Biden stayed in Wilmington on June 3 to be with his son. First Lady Jill Biden accompanied him to the courthouse. In a statement the same day, the president said he had “infinite love” for his son. “Jill and I love our son and we are so proud of the man he is today,” the US leader said.

What other charges does Hunter Biden face?

Hunter Biden was charged with nine counts of tax fraud in a California court. President Biden’s son has since made pending payments and the case would have been over had a plea deal not ultimately collapsed.

Do the trials affect President Joe Biden?

Both the gun ownership and tax allegations are unique to Hunter Biden. Republicans have spent years trying to find links that would show Joe Biden benefiting from his son’s business dealings, kickbacks and other irregularities, but have been unsuccessful.