Hunter Biden's trial: What are the charges and their impact on President Joe Biden's campaign

Hunter Biden's trial: Charges and implications for President Joe Biden's reelection campaign

Hunter Biden's upcoming trial on felony gun charges, set to begin Monday, June 3, marks a historic moment in American legal and political history. This is the first time the child of a sitting president has faced a criminal trial, an event that could significantly influence President Joe Biden’s reelection campaign. The charges against Hunter Biden were brought by the Justice Department, led by special counsel David Weiss, who was appointed last year to oversee investigations involving the president's son. Hunter Biden, 54, stands accused of illegal gun purchase and possession while being a drug user, to which he has pleaded not guilty. His trial, expected to last one to two weeks, will take place in Wilmington, Delaware.

Overview of the charges

Hunter Biden faces a three-count indictment primarily related to his gun purchase. The first two charges stem from his alleged dishonesty on a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) form required for gun purchases. When acquiring a firearm, buyers must answer questions about their eligibility, including queries on felony convictions, fugitive status, immigration status, and drug use. Hunter Biden reportedly answered "No" to the question of whether he was an "unlawful user of, or addicted to" illegal drugs. The third charge pertains to his possession of the firearm, which is illegal under federal law if the possessor is a drug user. According to the indictment and related texts, Hunter Biden owned the gun for 11 days in October 2018, until his girlfriend, concerned for his mental health, disposed of it in a dumpster.

Key witnesses and their roles

The prosecution plans to call around a dozen witnesses, including three of Hunter Biden’s former romantic partners: his ex-wife Kathleen Buhle, Hallie Biden (his late brother’s widow, whom he dated), and Lunden Roberts, the mother of one of his children. These witnesses will testify about Hunter Biden's drug use during the period he purchased the gun. Their testimonies are expected to provide insight into what Hunter Biden has described as the lowest point in his life, marked by continuous drug use. Additionally, the defense had intended to present an expert witness to discuss how individuals with addictions perceive their struggles, but this was blocked by the judge due to procedural issues. The defense also has a forensic chemist ready to testify about white residue found on Hunter Biden's gun pouch, which tested positive for cocaine, CNN reported.

Prosecutor's profile

The case against Hunter Biden was initiated by David Weiss, a former Trump-appointed US attorney in Delaware. Attorney General Merrick Garland elevated Weiss to special counsel status following the collapse of a proposed plea deal with Hunter Biden. This deal would have resolved the gun charges and a separate tax investigation with a misdemeanor plea. Hunter Biden's legal team argues that Weiss only sought the indictment due to pressure from Republican lawmakers and former President Donald Trump. However, Weiss has dismissed this claim as fictional, and the judge overseeing the case labeled the allegations nonsensical. Many Republicans have criticized Weiss, suggesting he offered Hunter Biden a lenient deal, though legal experts have defended the proposed agreement as reasonable.

Background of the presiding judge

District Judge Maryellen Noreika, appointed by Trump and confirmed unanimously by the Senate in 2018, will preside over the trial. A former patent lawyer, Noreika is known for her no-nonsense approach. She previously oversaw a dramatic hearing last summer during which she rejected a plea deal for Hunter Biden due to significant discrepancies between the parties. This led to the collapse of plea discussions and the subsequent appointment of Weiss as special counsel. Judge Noreika has consistently moved the proceedings forward, rejecting attempts by Hunter Biden to dismiss the case but siding with him on several key evidentiary issues.

Potential prison sentences

If convicted on all three counts, Hunter Biden faces up to 25 years in prison. However, as a first-time offender with no prior criminal record, he is likely to receive a significantly lower sentence. Ultimately, his fate will be in the hands of Judge Noreika. President Joe Biden has the power to pardon his son at any time, though the White House has ruled out this possibility, stating that the political calculus could change after the November election.

Historical context and comparisons

Hunter Biden's trial is unprecedented in US history. While there have been instances of presidential family members facing legal trouble, none have been subjected to criminal trials during their relative’s presidency. For example, George HW Bush’s son incurred civil penalties for banking law violations, and Jimmy Carter’s brother faced scrutiny for foreign lobbying, but these incidents did not escalate to criminal proceedings. CNN historian Douglas Brinkley noted that while presidential families often have a "black sheep," Hunter Biden’s legal issues are particularly significant because they directly involve the president's son. “This trial is an albatross around President Biden’s neck and weighs very heavily on his psyche,” Brinkley said. “For any parent to watch their child go through addiction, and now face possible jail time, it’s harrowing. You would hope that family would be his comfort zone. But in this case, family is probably his biggest worry of the moment.”

Political implications and public perception

Public opinion on Hunter Biden’s charges is divided, with many viewing them as politically motivated. According to a Reuters/Ipsos poll, half of Americans believe Hunter Biden received favorable treatment due to his father’s position. Republicans are more likely to hold this view compared to independents and Democrats. Hunter Biden has accused Republicans of using his past drug addiction to politically attack his father during an election period. Some Democrats, like Deanne Robinson from Florida, agree with this perspective. "It's not a coincidence. It's a ploy to tie Joe and Hunter together as if it is Joe that is undergoing those charges," Robinson told USA Today. "But my thoughts are if he is found guilty, let justice be served." Conversely, Republicans like Mike McCombs from Georgia see the trial as a form of retribution for the legal challenges faced by Trump and his family. "I think karma has caught up with him, the whole family," McCombs told the outlet. "The reality of politics has caught up with them. They spent all that time trying to put Trump in jail and they've done a whole lot worse."

Trials unlikely to affect Joe Biden's campaign

Despite the high-profile nature of Hunter Biden’s trial, it appears unlikely to sway voters' opinions significantly. A majority of those polled last summer stated that the charges would not affect their support for President Biden in the 2024 election. Voters across the political spectrum have expressed that the trial will not influence their voting decisions. Some, like Jane Dhemecourt from Louisiana, view the trial as a distraction from more pressing national issues. "It is not anything I'm paying attention to. It's not going to change the way I think about the direction of the country and it's not going to change my vote in any way, shape, or form," Jane Dhemecourt, 67, an independent from Abita Springs, Louisiana, who plans to vote for Trump in November, told USA Today. On the other hand, Carol Vasquez from Missouri believes that the actions of an adult child should not impact their vote for the president. "I don't think that anything that our kids do — you know, they're adults. I don't think any of that would have a bearing on how I vote," Vasquez told the outlet. "I would hope it wouldn't on other people either."