Hunter Biden, son of President Joe Biden, has been found guilty of three federal gun crimes by a Delaware jury. This makes him the first child of a sitting president to be convicted of a crime. However, legal experts suggest that he is unlikely to be sentenced to prison, despite the possibility.
The charges stem from Biden’s purchase of a gun in 2018 while he was addicted to crack cocaine. The jury convicted him of making a false statement on a federal form to purchase the gun, making a false oral or written statement to a licensed firearms dealer, and illegally possessing a gun despite being an unlawful user of or addicted to a controlled substance. These charges carry a maximum penalty of 10 years in prison for two of the crimes, and up to five years for the third, along with a maximum fine of $250,000 for each count.
Legal experts believe that several factors could influence the sentencing judge to consider probation instead of incarceration for Biden. These include his claim of sobriety since 2019, the short duration of his possession of the firearm (11 days), the lack of association of the gun with any other crime, and the fact that the gun purchase occurred nearly six years ago. Additionally, a now-defunct plea deal negotiated last year with prosecutors would have allowed him to avoid the gun charges if he successfully completed a diversion program and pleaded guilty to a separate set of tax charges in exchange for six months of probation.
ABC News’ chief legal analyst, Dan Abrams, stated, “Here we have an isolated crime with nothing else, it would be very surprising for Hunter Biden to serve time.”
Judge Maryellen Noreika has yet to set a sentencing date but noted in court that sentencing typically happens 120 days after a verdict. President Biden, who has ruled out pardoning his son, said Hunter Biden is considering appealing the verdict in a statement expressing support for him.
The trial, which lasted six days, revealed personal details of Hunter Biden’s struggle with addiction to crack cocaine, including testimony from three of his exes and his daughter Naomi Biden, as well as evidence such as his own memoir and text messages discussing his drug use. The case centers around a .38 Colt Cobra that Hunter Biden bought in 2018 and kept in his possession for 11 days. His ex-girlfriend, Hallie Biden, found the gun, alongside remnants of crack, in his truck and disposed of it in a trash can outside of a local grocery store, she testified.
Hunter Biden’s attorneys argued that prosecutors brought the case due to political pressure and that Biden was in denial about his addiction at the time he purchased the gun. Justice Department special prosecutor David Weiss, appointed by Attorney General Merrick Garland to handle the case to avoid the perception of a conflict of interest with the Biden administration, stated that the verdict shows “no one in this country is above the law” and “everyone must be held accountable for their actions.”
Weiss’ office also charged Hunter Biden with nine counts of failing to file and pay taxes from 2016 through 2019 in federal court in Los Angeles. His trial in that case is set to commence Sept. 3.
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