Hunter Biden pleads not guilty to federal firearms charges in Delaware court

President Joe Biden’s son Hunter Biden has pleaded not guilty in a Delaware court to charges of illegally possessing a handgun.

Prosecutors allege that Biden, 53, lied about drug use on an application when he purchased a weapon in 2018.

Biden has admitted to being a heavy crack cocaine user at the time, but denies breaking the law.

If convicted of the three federal charges, he could face up to 25 years in prison.

The charges could carry a fine of up to $750,000 (£621,000).

Biden, wearing a dark suit and surrounded by Secret Service agents and his defense team, said nothing during the brief arraignment other than acknowledging the charges against him and his rights as a defendant.

The petition was filed by his attorney, Abby Rowell. In a later statement, Lowell said he believed the charges were the result of “political pressure” from the right wing of the Republican Party.

Biden appeared relaxed before the trial began, laughing with his defense team and waving to acquaintances in the room. As he left, he waved to reporters and said, “Thank you.”

A trial start date has not been set, but prosecutors and Biden’s defense team have 30 days to file pretrial motions.

A proposed plea deal to resolve the charges suddenly collapsed in July, and Biden was indicted shortly after.

He was charged with two counts of false statements and one count of unlawful possession of a firearm. The charges all relate to purchasing a revolver at a gun store in Delaware in October 2018 and storing it for approximately 11 days.

According to Biden’s own admission, published in a 2021 memoir, he was in the throes of “full-blown addiction” at the time.

Two of his convictions, each punishable by up to 10 years in prison, stem from allegations that Biden lied about drug use on documents. The third charge relates to possession of a firearm while under the influence of drugs and is punishable by up to five years in prison.

Kevin McNigal, a former federal prosecutor who now teaches law at Case Western Reserve University in Ohio, said the basic facts of the prosecution’s case are “very easy to prove,” but they will never be used in prosecution. said that there is no guarantee of success.

For example, McNegal noted that all three charges require that Biden was “using or intoxicated” with drugs at the time he filled out the form on Oct. 12, 2018.

“Apparently he was in and out of drug rehab that year…the question may arise as to whether he was using drugs or addicted to drugs at that point. ” he said. “It may be difficult for prosecutors to prove whether he claims he was innocent at that critical time in mid-October.”

Furthermore, McNigal said that Biden’s lack of a criminal record is “a big factor in his favor in terms of avoiding prison time,” and that the non-violent nature of the charges, which involve no victims, “makes the possibility of a prison sentence more likely.” is low.”

Lowell said in court that Biden’s lawyers will seek to have the charges dismissed, saying they are unconstitutional and prohibited by prior agreements with prosecutors.

The argument over the constitutionality of one of the charges, the ban on drug users from owning guns, is based on a Supreme Court ruling last year that expanded gun rights.

The conservative-leaning court said in its ruling that gun regulations must be consistent with America’s “historic tradition of firearms regulation.”

Lauryn Gouldin, a law professor at Syracuse University, told the BBC it was “likely” that the court would find the charges against Biden unconstitutional based on that standard.

The Supreme Court is also scheduled to hear another case in early November over whether the government can prohibit people with domestic violence restraining orders from owning guns.

He added that the outcome of the case is “likely to be a very clear signal” for the Biden case.

Biden appeared in federal court Tuesday in Wilmington, Delaware, the Biden family’s hometown.

Security was tight during the brief court appearance, which lasted less than 30 minutes, in Wilmington. Biden was escorted into the courtroom by Secret Service agents, while police outside used dogs to search his bag and nearby bushes.

One demonstrator, wearing a striped prison uniform, stood outside the courthouse holding a sign that read “Lock up Biden,” and occasionally heard profanities from passing motorists. I pulled it out.

The gun at the center of the incident was found in a car by Harry Biden, the widow of Hunter’s brother Beau. Biden reportedly threw the weapon in the trash, fearing he would use it to harm himself.

It was later discovered and returned to the store, but not before a separate investigation by both the Delaware State Police and the U.S. Secret Service.

In June, prosecutors and Hunter Biden’s defense team reached a two-part agreement in which he admitted to illegally possessing a firearm and agreed to commit to addiction treatment and monitoring. Under the agreement, he will also be charged with two misdemeanor counts of failing to pay taxes on time in 2017 and 2018.

But the deal, which would have allowed Biden to avoid a felony charge and possible jail time, collapsed in July. The judge in the case, Mariellen Noreika, said the agreement could not be “rubber stamped”. He also called the deal’s proposed solution to the firearms issue “unusual.”

The tax charges were dismissed in August, but prosecutors are expected to refile or file new charges in Washington, D.C. or California.

Biden filed a lawsuit against the Internal Revenue Service in early September, alleging that two employees “attempted to target and embarrass” him by sharing his personal tax information.

The case could mean Hunter Biden faces a criminal trial while campaigning for his father’s presidential re-election bid.