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What is the case against Hunter Biden and could he go to jail?

Hunter Biden, son of US President Joe Biden, has been convicted of lying about his drug use on a form he filled to purchase a gun. This marks the first criminal prosecution of a sitting US President’s son/daughter.

U.S. President Joe Biden stands with his son Hunter Biden, who earlier in the day was found guilty on all three counts in his criminal gun charges trial, as President Biden arrived at the Delaware Air National Guard Base in New Castle, Delaware, U.S., June 11, 2024.U.S. President Joe Biden stands with his son Hunter Biden, who earlier in the day was found guilty on all three counts in his criminal gun charges trial, as President Biden arrived at the Delaware Air National Guard Base in New Castle, Delaware, U.S., June 11, 2024. (REUTERS/Anna Rose Layden)

A 12-person jury in Wilmington, Delaware, on Tuesday found President Joe Biden’s son Hunter, 54, guilty of lying about his drug use on a form while purchasing a gun in 2018. He faces a maximum of 25 years in prison. This marks the first criminal prosecution of a sitting US President’s son/daughter. He may or may not actually go to jail, however.

This was also the first of Hunter Biden’s two trials. He has been separately indicted in California over tax charges. That trial will likely begin in September.

What is the case against Hunter Biden?

Nearly six years ago, Hunter bought a Colt Cobra .38 handgun while he was allegedly addicted to crack cocaine. According to US federal law, users of illegal drugs cannot own firearms.

As part of the purchase, Hunter also lied about his drug use on a Bureau of Alcohol, Tobacco, Firearms and Explosives form (filled out for a background check), according to the prosecutors.

The gun became an issue after his brother’s widow, Hallie Biden, with whom Hunter was romantically involved at the time, found it in his truck’s console and threw it in a trash can outside a grocery store. Hallie claimed that she did so because she became concerned Hunter might harm himself. “I realise it was a stupid idea now. But I was panicking,” she testified.

When Hunter realised that the gun was missing, Hallie informed him over texts that she had thrown it away. “Are you insane,” he allegedly texted, an ABC News report said.

Hallie went back to the trash can to retrieve the gun, but it was not there. An elderly man, who was looking for recyclables, had found it and taken it home. Subsequently, Delaware police recovered the gun from the man.
Convicted on three counts

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Hunter has been found guilty on three counts, two of which are related to the application that he had filled out during the purchase of the gun. He has been convicted of making a false statement on a federal form and lying to a licensed gun dealer.

The third count pertains to his possession of the gun while under the influence of drugs.

“When the defendant filled out that form, he knew he was a drug addict…The law does not require us to prove that he was using drugs on that very day. Just that he knew he was a drug user,” prosecutor Derek Hines said during the trial.

What happens next?

The verdict comes with the possibility of prison time for Hunter, but it is unclear how likely that is, mainly because Hunter’s offence was nonviolent and he has claimed to be sober since 2019.

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The judge has not set a date for sentencing. While President Biden has said he will respect a jury’s decision (he had earlier ruled out pardoning his son), Hunter’s legal team is considering filing an appeal.

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