WILMINGTON, Del. (NewsNation) — A jury was seated Monday in the federal gun case against President Joe Biden’s son Hunter, after prospective panelists were questioned about their thoughts on gun rights and drug addiction while the first lady watched from the front row of the courtroom.
The younger Biden has been accused of lying on a federal form when he bought a .38-caliber Colt Cobra Special in 2018. Hunter Biden falsely said he was not a drug user, despite being addicted to cocaine at the time.
Opening statements were set to begin Tuesday after the jurors — six men and six women plus four women serving as alternates — were instructed by Judge Maryellen Noreika not to talk or read about the case.
It is the first time a sitting president’s child has been prosecuted by that same president’s Justice Department.
President Joe Biden said Monday that as president he wouldn’t comment on the criminal trial but as a dad he has “boundless love for my son, confidence in him, and respect for his strength.”
“I am the President, but I am also a Dad. Jill and I love our son, and we are so proud of the man he is today. Hunter’s resilience in the face of adversity and the strength he has brought to his recovery are inspiring to us. A lot of families have loved ones who have overcome addiction and know what we mean. As the President, I don’t and won’t comment on pending federal cases, but as a Dad, I have boundless love for my son, confidence in him, and respect for his strength. Our family has been through a lot together, and Jill and I are going to continue to be there for Hunter and our family with our love and support.”
President Joe Biden
Hunter Biden charges
Hunter Biden, who spent the weekend with his parents, faces three felonies stemming from a 2018 firearm purchase when he was, according to his memoir, in the throes of a crack addiction. He has been accused of lying to a federally licensed gun dealer, making a false claim on the application used to screen firearms applicants when he said he was not a drug user, and illegally having the gun for 11 days.
He has pleaded not guilty and has argued he’s being unfairly targeted by the Justice Department after Republicans decried a now-defunct plea deal as special treatment for the Democratic president’s son.
The trial comes just days after Donald Trump, Republicans’ presumptive 2024 presidential nominee, was convicted of 34 felonies in New York City. A jury found the former president guilty of a scheme to cover up a hush money payment to a porn actor to fend off damage to his 2016 presidential campaign. The two criminal cases are unrelated, but their proximity underscores how the criminal courtroom has taken center stage during the 2024 campaign.
“I don’t think he’s going to go to prison any more than I think that Trump is going to prison in his New York case,” said former Assistant U.S. Attorney David Katz.
“This was all a long time ago. It was nonviolent. The gun was never used in any violent or improper way. It was thrown out less than two weeks later (after purchase),” Katz told NewsNation.
Hunter Biden is also facing a separate trial in California in September on charges of failing to pay $1.4 million in taxes. Both cases were to have been resolved through a deal with prosecutors last July, the culmination of a yearslong investigation into his business dealings.
Hunter Biden trial begins
The trial begins nearly one year after U.S. District Court Judge Maryellen Noreika raised concerns about a plea agreement that would have spared Hunter Biden any prison time.
Katz believes Hunter Biden will be found guilty since the facts of the course aren’t in dispute but also predicts the defense will argue about the term “addict.”
“He’ll argue that it’s too vague, it’s speculative. People don’t define themselves as ‘addicts.’’
While the facts may be indisputable, Hunter Biden’s attorney has said ignore the politics of the case can’t be ignored.
“He (Hunter Biden) is being punished for the perceived sins of his father — the sin of opposing Mr. Trump’s election to the president,” according to court papers filed by defense attorney Abbe Lowell, who also has represented Ivanka Trump and Jared Kushner, the former president’s daughter and son-in-law.
That means jurors are being questioned about things like what news channels they watch and what political content they consume.
Investigation not political: Prosecutor
Lead prosecutor David Weiss has said “political considerations” played no part in the investigation. He told lawmakers behind closed doors last year that no one at the Justice Department prevented him from pursuing charges.
If Hunter Biden were to be convicted, he could face up to 25 years in prison, though first-time offenders typically do not get anywhere near the maximum and it’s unclear whether the judge would give him time behind bars.
Even with a guilty verdict, Katz says it’s unlikely that Hunter Biden will face any prison time because he’s a first-time offender, not because he’s the son of a sitting president.
Katz also says he wouldn’t be surprised to see Joe Biden, if reelected, pardoning his son or commuting his sentence. Katz says Donald Trump would undoubtedly do the same if one of his sons was in this position.
Hunter Biden’s legal troubles will head west in September. He’ll face a trial in Los Angeles on charges accusing the president’s son of failing to pay about $1.4 million in federal income taxes.
The Associated Press contributed to this report