Sentencing
He was convicted of lying on a mandatory gun purchase form by saying he was not illegally using or addicted to drugs, and illegally having the gun for 11 days.
The three counts carry up to 25 years in prison. But whether the president’s son actually serves any time behind bars will be up to U.S. District Judge Maryellen Noreika. The judge, who was nominated to the bench by former Republican President Donald Trump, didn’t immediately set a date for sentencing.
In the federal system, first-time offenders don’t get anywhere near the maximum sentence. Federal sentencing guidelines — which judges use as they weigh punishments for defendants — are expected to recommend a far lighter punishment. And judges aren’t bound by the guidelines, so she could decide not to send him to prison at all. Other options include probation or home detention.
In pressing the judge not to put him behind bars, defense lawyers will likely note that, unlike many illegal firearm possession cases, Hunter Biden’s gun was not used in a crime. Hunter Biden never even fired the gun, which he had for 11 days before it got thrown in the trash, his lawyers have said.
The defense will also likely emphasize that Hunter Biden has since turned his life around. He has said he has been sober since 2019. Also, there have been no reported violations of his conditions of release, including that he continues to abstain from drugs and alcohol and participate in a recovery program.
Appeal likely
Defense attorney Abbe Lowell said in a written statement Tuesday that they will “continue to vigorously pursue all the legal challenges available.” It’s unclear on what grounds Hunter Biden will appeal the verdict, but he mounted multiple unsuccessful challenges to the case ahead of trial.
Among other things, Hunter Biden’s lawyers have challenged the constitutionality of the gun law at the center of the case in the wake of a landmark Supreme Court decision that has upended firearm laws across the country.
Hunter Biden’s lawyers have also argued the president’s son was prosecuted for political purposes. Lowell has claimed prosecutors bowed to political pressure after a plea agreement hit the skids in court and was publicly pilloried by Republicans, including Trump, as a “sweetheart deal.”
Under that deal last year, Hunter Biden would have pleaded guilty to misdemeanor tax offenses and avoided prosecution in the gun case if he stayed out of trouble. Prosecutors were planning to recommend two years of probation. But the deal fell apart after the judge raised concerns about it.
On Friday, defense lawyers urged the judge to acquit Hunter Biden of the charges, arguing prosecutors had not met their burden of proof. Noreika did not rule on the motion before the jury reached its verdict.
Other legal problems
Hunter Biden’s trial on tax charges in California is scheduled to begin September 5. He was initially slated to go to trial in that case later this month, but the judge recently granted a defense request to delay.
He’s charged in the California case with nine felony and misdemeanor tax offenses. The charges stem from what federal prosecutors say was a four-year scheme to skip out on paying the $1.4 million he owed to the IRS. Prosecutors allege he instead used the money to fund an extravagant lifestyle which, by his own admission, included drugs and alcohol. The president’s son has since repaid the back taxes.
Hunter Biden’s lawyer said at a recent hearing that he was struggling to line up expert witnesses willing to testify in the high-profile case in Los Angeles. Prosecutors said they are planning to call roughly 30 witnesses.
Republicans have also signaled they will keep going after Hunter Biden after their impeachment inquiry into the president stalled.
Last week, House Republicans issued criminal referrals against Hunter Biden and the president’s brother, James, accusing them of making false statements to Congress as part of the GOP’s yearlong impeachment inquiry. The president has not been accused or charged with any wrongdoing by prosecutors investigating his son.
Hunter Biden’s attorney said in a statement last week that the referrals are “nothing more than a desperate attempt by Republicans to twist Hunter’s testimony so they can distract from their failed impeachment inquiry” and interfere with his criminal trial.