4-10-2023 (WILMINGTON) Hunter Biden, the son of President Joe Biden, formally entered a plea of not guilty to felony gun charges on Tuesday, setting the stage for a potentially high-profile trial just as his father embarks on a reelection bid in the coming year.
Appearing in the same federal courthouse in Delaware where his previous plea deal with prosecutors unraveled over the summer, Hunter Biden made it clear that he would contest the three-count indictment filed last month by special counsel David Weiss – the same prosecutor who negotiated the now-failed agreement.
Following the plea, Abbe Lowell, an attorney representing Biden, signalled their intention to file a motion to dismiss the government’s case. He stated that they would challenge the constitutionality of at least one charge and argued that elements of his prior plea agreement still applied. Judge Christopher Burke set a November 3 deadline for the parties to submit motions.
Throughout the hearing, Hunter Biden attentively followed the judge as he read the charges, potential penalties, and rights, nodding along and responding with, “Yes, your honor,” when asked if he understood.
Judge Burke also noted that Hunter Biden would remain under the same conditions of supervised release imposed during the plea hearing in July, citing his compliance with the rules over the past few months. Since the plea hearing, Hunter Biden has undergone “a number of” random drug tests and tested negative each time. The judge also mentioned that the younger Biden has been “agreeable” to the terms. As part of his supervised release, Hunter Biden must remain alcohol-free and obtain written permission from his probation officer for any international travel.
In a statement issued after the hearing, Lowell pointed out that Weiss had initially chosen not to pursue gun charges against his client, alleging that the charges were the result of “political pressure from President Trump and his MAGA allies to force the Justice Department to ignore the law and deviate from its policies.”
Weiss indicted Hunter Biden last month following a years-long investigation that seemed close to conclusion in June when Weiss’s office worked out a two-pronged plea deal with Hunter Biden’s legal team. However, the deal fell apart under scrutiny by a federal judge in July.
The initial agreement would have allowed Hunter Biden to avoid prison time by pleading guilty to misdemeanor tax charges and entering a diversion agreement on one felony gun charge. Instead, Hunter Biden now faces three gun charges and potentially more tax-related charges in the near future. Prosecutors also suggested in open court that they may pursue charges related to Hunter Biden’s overseas business activities, including potential violations of foreign lobbying laws.
Lowell stated on ABC’s “Good Morning America” last month that, “based on the facts, we believe we have a defense” against the gun charges.
Initially, Lowell sought to waive Hunter Biden’s physical court appearance, requesting permission to enter his plea via video conference to limit the financial impact on government resources and the logistical burden on Wilmington’s downtown area. However, prosecutors opposed this request, and a federal magistrate judge ultimately ordered Hunter Biden to appear in person.
The hearing comes as Hunter Biden confronts legal challenges on several other fronts. Last week, House Republicans initiated the first hearing of their impeachment inquiry into President Biden, primarily focusing on unproven connections between the president’s political career and his son’s business ventures.
Hunter Biden is also engaged in a legal counteroffensive against his most vocal critics and those allegedly involved in the dissemination of personal data obtained from a laptop he purportedly left at a Delaware computer repair shop in 2018.
If Hunter Biden is found guilty of the three gun-related charges, he could potentially face up to 25 years in prison, although the Justice Department has indicated that any sentence would likely be well below the maximum penalty.
