Jury selection in the federal gun trial of Hunter Biden began Monday in Delaware, as he faces three felony charges for allegedly purchasing and possessing illegal firearms in 2018 while he was a drug user.
Hunter Biden arrives in court shortly after 8 a.m. ET. First lady Jill Biden arrived shortly after her.
President Biden was not at the hearing, but was scheduled to attend a fundraiser in Connecticut on Monday night. Before the start of the hearing, Mr. Biden issued a statement saying “I’m the president, but I’m also a father.” Mr. Biden said he and Jill Biden will “continue to be there for Hunter and the family with love and support.”
Late Sunday night, Judge Maryellen Norieka refused to allow Hunter Biden’s attorney to admit into evidence the second version of the firearm purchase form he filled out to buy the gun. His attorney, Abbe Lowell, said new information had been added to the second version after the criminal investigation began, including information about the type of identification Hunter Biden provided. Norieka noted in his order that on both forms, “no” was checked next to the question about whether the applicant was an “illegal user or addict.”
The president’s son was indicted by a federal grand jury in September after agreeing to a diversion for felony gun violations and deal request related to misdemeanor tax charges unraveled when US District Judge Maryellen Noreika questioned whether the agreement would allow him to avoid potential future charges.
Hunter Biden’s attorney denied the charges and said they were “unconstitutional” and “unprecedented,” as well as a violation of the extradition agreement that remains legal and valid.
A motion to dismiss filed by Hunter Biden’s attorney was denied by Judge Noreika, and a federal appeals court denied his motion to dismiss the gun charges in May.
Photo by RYAN COLLERD/AFP via Getty Images
In a three-count indictment, the president’s son is accused of making false statements on federal drug use forms, certifying that he was not a user or addict of a controlled substance during the time prosecutors said he was addicted to crack. cocaine. Biden bought a Colt Cobra .38 Special revolver, and kept it for 11 days before it was dumped in an outdoor container by Hallie Biden, Hunter Biden’s romantic partner at the time.
Prosecutors are expected to introduce evidence detailing Biden’s use of controlled substances leading up to and during the time he purchased the firearm. In his trial summary, he referenced Biden’s own drug addiction in excerpts from his memoir, Good Goodas well as photos and videos from laptops and text messages.
Prosecutors also want to include testimony from Hunter Biden’s former romantic partner who recounted substance abuse, including his ex-wives, Kathleen Buhle and Hallie Biden, the widow of his late brother, Beau Biden, and expert testimony from FBI and DEA agents.
Attorney Hunter Biden sought to call his own expert witnesses on addiction and forensic psychiatry and forensic toxicology.
The charges were brought by special counsel David Weiss, who was appointed US attorney for Delaware by former President Donald Trump and was named special counsel by Attorney General Merrick Garland in 2023. The federal investigation into Hunter Biden, led by Weiss, lasted five years during the Trump administration and Biden.
Lawyers for Hunter Biden contended that Weiss “came under political pressure to bring more serious charges” after the plea agreement drew “sharp rebukes” from former President Trump and Republican allies when it was first made public. Weiss’ office denied claims that the allegations were politically motivated and done to appease Republicans.
“The charges in this case are not false or because of former President Trump – but only as a result of the defendant’s own choice and brought despite, not because of, external voices made by politicians,” the prosecutor said.
Hunter Biden faces up to 25 years in prison and a $750,000 fine if convicted on all counts.
Separately, he faces nine federal tax charges in the central district of California in a second indictment brought by Weiss’ office in which federal prosecutors allege President Biden’s son participated in a “four-year scheme” to avoid paying at least $1.4 million in federal taxes.
Hunter Biden was charged with three felony and six misdemeanor charges related to allegations of failure to file and pay taxes, evasion of assessments, and filing false or fraudulent tax returns. Biden has pleaded not guilty to the charges.
His motion to dismiss all federal tax charges was denied by U.S. District Judge Mark Scarsi in April. If convicted, Hunter Biden faces up to 17 years in prison.
References to tax charges or questions related to these charges or hearings are not admissible in federal weapons trials in Delaware.
Robert Legare contributed to this report.
