Home » As Hunter Biden to Face Federal Gun Trial, here’s how his attorneys plan to defend a ‘simple case’

As Hunter Biden to Face Federal Gun Trial, here’s how his attorneys plan to defend a ‘simple case’

Nabeel Kibria, a defense attorney based in Washington, DC, specializing in gun cases, emphasized the inherent risks associated with firearms falling into inappropriate hands.

by IP Staff
Hunter Biden

In a historic case poised to impact President Joe Biden’s reelection campaign, Hunter Biden, the son of the sitting president, is set to stand trial on felony gun charges beginning Monday. This marks the first instance in American history where the child of a sitting president is going to trial.

The indictment, brought forth by the Justice Department under the oversight of Special Counsel David Weiss, alleges that Hunter Biden, aged 54, illegally purchased and possessed a firearm while abusing or being addicted to drugs, in violation of federal law. Although he has pleaded not guilty to the three charges, Hunter Biden has openly discussed his struggles with alcohol and crack cocaine addiction.

The trial, anticipated to last one to two weeks, is scheduled to take place in Wilmington, Delaware. The initial two charges in the three-count indictment pertain to the gun purchase process. Federal law mandates that individuals filling out forms with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) affirm their eligibility to purchase firearms, including whether they are “unlawful users of, or addicted to” illegal drugs. Allegedly, Hunter Biden falsely indicated “No” to this question.

The third count revolves around the possession of the firearm. It is illegal under federal law to possess a gun while abusing drugs. Hunter Biden purportedly possessed the gun for 11 days in October 2018 before his girlfriend disposed of it in a dumpster out of concern for his mental well-being, as detailed in the indictment and publicly revealed texts.

Nabeel Kibria, a defense attorney based in Washington, DC, specializing in gun cases, emphasized the inherent risks associated with firearms falling into inappropriate hands. While acknowledging the substantial evidence against Hunter Biden, Kibria also raised questions about the determination of addiction and the necessity for clear guidelines in such cases.

Facing two counts related to false statements in purchasing the firearm and a third count of illegally obtaining a firearm while addicted to drugs, Hunter Biden’s defense, led by veteran attorney Abbe Lowell, aims to challenge the prosecution’s narrative.

At the heart of the defense’s strategy is the contention that the federal gun form in question is more complex than portrayed by the special counsel. Lowell has seized upon the existence of two versions of the ATF Form 4473, highlighting alterations made to rectify ID requirements years after the firearm purchase. He asserts that these modifications raise questions about the document’s integrity and the timeline of events.

While prosecutors intend to leverage Hunter Biden’s own words, including excerpts from his memoir and text messages, to establish his drug use at the time of the gun purchase, Lowell plans to scrutinize crucial evidence and witnesses. Notably, the defense has yet to decide whether Hunter Biden will testify in his own defense.

The trial, anticipated to last two to three weeks, holds potential ramifications for Hunter Biden, who could face a prison sentence of up to 25 years if found guilty on all counts. Despite this, legal experts suggest that as a first-time and nonviolent offender, his sentence might be considerably lower. Additionally, Hunter Biden faces separate tax-related charges, with a trial scheduled for September, further adding to the legal and political complexity surrounding the case.

With the possibility of presidential intervention looming, including the power of pardon or sentence commutation vested in President Joe Biden, the trial unfolds against a backdrop of legal maneuvering and political speculation. While the White House has ruled out the possibility of a pardon, the outcome of the trial and its subsequent implications could potentially influence future decisions.

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