Yesterday began the federal court trial of Hunter Biden for not disclosing on a federal form when he purchased a .38 Colt Cobra Special pistol that he was an active drug addict. He got caught when his girlfriend/sister-in-law she found the gun in his car and reported it to law enforcement.
Someone texted me:
In the texts on his cell phone, Hunter texts his drug dealer for 2&2 (2=crack cocaine and heroin, &2 means enough for Hunter and someone else). He has to clarify he wants east coast powder heroin and not Mexican black tar. There is no question that his phone was used to solicit and purchase drugs.
I texted back:
No worries, his Daddy will pardon him if he’s convicted, straight out of Donald Trump’s play book? Daddy already should have said on national TV that he will not pardon Hunter if he is convicted. So, Daddy lays low until after the November election to pardon Hunter?
I was emailed this BBC article, which says nothing about Hunter’s texts to the drug dealer.
Jury seated in Hunter Biden's federal gun trial
June 3, 2024
Bernd Debusmann Jr,
BBC News, Washington
Hunter Biden faces up to 25 years in prison if convicted of the federal charges in Delaware.
With the strike of a judge's gavel in Delaware, Hunter Biden, the son of Joe Biden, became the first child of a sitting president to be a criminal defendant.
Prosecutors allege the younger Biden, 54, lied about his drug use on application forms when he purchased a handgun in 2018.
Mr Biden has pleaded not guilty to the charges.
Opening statements in the case are expected to begin Tuesday, after 12 jurors and four alternates were sworn in on Monday.
If the jury finds him guilty of all three federal counts, Mr Biden could face up to 25 years in prison.
The trial - which comes as his father campaigns for re-election - is likely to see prosecutors delve into graphic details of Mr Biden's crack cocaine addiction, potentially providing fodder for the president's political foes.
President Biden has repeatedly declined to comment on the court case, but he said in a statement on the morning of the trial's start that he has "boundless love" and "confidence" in his son.
"Hunter's resilience in the face of adversity and the strength he has brought to his recovery are inspiring to us," the elder Biden said.
Here's what we know about the case.
What are the charges?
Mr Biden is facing three federal charges in the case: two counts of making false statements and one count of illegal gun possession.
The charges all relate to his purchase of a revolver at a Delaware gun store in October 2018, which he kept for about 11 days.
By Mr Biden's own admission, he was deep in the throes of a "full blown addiction" to crack cocaine at the time.
The two false statement charges stem from allegations that he lied about his drug use on a federally-mandated form when he purchased the weapon.
Specifically, prosecutors allege that he falsely claimed that he was "not an unlawful user of and addicted to any stimulant narcotic drug" when he purchased a Colt Cobra Special revolver.
The third count is related to his possession of a firearm while alleged to have been a drug user.
The gun was discarded and discovered at a grocery store in Greenville, Delaware, prompting an investigation that ultimately led investigators back to the forms.
How strong is the evidence?
To convict Mr Biden, prosecutors will have to convince jurors that he knowingly made false statements on the form in a bid to deceive the store that sold him the pistol.
Additionally, they will have to prove that Mr Biden was a drug user or addicted to drugs, and took possession of the gun despite knowing as much.
US District Judge Maryellen Noreika has already ruled that defence lawyers cannot argue that the prosecution can only get a guilty verdict by proving Mr Biden was using drugs on the day he bought the weapon.
Instead, in a pre-trial hearing, the judge agreed with prosecutors' argument that they need only prove that "unlawful use (had) occurred recently enough to indicate that the individual (was) actively engaged in such conduct".
In court filings made ahead of the trial's start, prosecutors suggested that they would rely, in part, on deeply personal text messages and other communications made while Mr Biden was in the throes of addiction.
In one such text message cited in court documents, Mr Biden refers to himself as a "liar and a thief and a blame and a user and I'm delusional and an addict unlike beyond and above all other addicts that you know".
The prosecution is also expected to rely on the testimonies of witnesses including ex-wife Kathleen Buhle and Mr Biden's ex-partner Hallie Biden - who is also the widow of Mr Biden's brother Beau.
Prosecutors will also be able to point to Mr Biden's own 2021 memoir, in which he detailed his experiences as a drug user who was "up twenty-four hours a day, smoking every 15 minutes, seven days a week".
"All my energy revolved around smoking drugs and making arrangements to buy drugs - feeding the beast," he wrote in the book.
Hunter Biden has repeatedly accused Republicans of using his addiction and recovery to "embarrass" and attack his father
While Mr Biden has himself been quiet about the trial, legal documents filed by his lawyers suggest that they will focus on how much Mr Biden was aware of his addiction at the end of the purchase, and on the quality of the evidence itself.
His primary attorney, Abbe Lowell, unsuccessfully sought permission from the court to call upon an expert witness who can testify about an addict's understanding of their substance abuse issues.
In an interview with the BBC after Mr Biden's not guilty plea, South Texas College of Law Professor Dru Stevenson said that charges for illegal gun possession usually result in a "slam dunk case".
"I don't think there's any question that [Mr Biden] will be convicted."
The third charge, regarding Mr Biden's alleged possession of a firearm while a drug user, is considered unusual, as it can be hard to prove someone is a drug user and has a gun.
"It's just really rare that they would go after someone and prosecute them for this," Prof Stevenson said. "But this is a high-profile person and there's been members of Congress demanding he be prosecuted."
Among the most prominent pieces of evidence at the trial is likely to be the information on Mr Biden's infamous laptop, which has been the focus of intense media speculation and focus from conservative news outlets.
The laptop has also been at the centre of unproven theories linking Mr Biden and his father to corruption, which they both deny.
Mr Biden's own lawyers have argued that the computer was tampered with before it fell into the hands of investigators.
The special counsel appointed to oversee the probes into Hunter Biden, David Weiss, has said that the tampering argument is a "conspiracy theory" with "no supporting evidence."
In a May filing, prosecutors wrote that the laptop contained "significant evidence" of Mr Biden's guilt.
Could he go to prison if convicted?
The two false statement charges each carry a maximum sentence of up to 10 years, while the third count is punishable by up to five years - meaning that Mr Biden could face up to 25 years in prison if convicted.
Actual sentences for federal crimes, however, are typically less than the maximum penalties specified by law.
If Mr Biden is convicted, the judge in the case will ultimately determine the sentence after considering sentencing guidelines and a variety of other legal factors.
Hunter Biden's other charges
In addition to the gun charges in Delaware, Mr Biden is facing separate federal charges in California over allegations that he evaded a tax assessment, failed to properly file and pay taxes and filed a fraudulent tax return. Several months after the spectacular collapse of a plea deal that would address both sets of charges last year, Mr Biden also pleaded not guilty to the tax charges.
This old lawyer, who once clerked for a US District Judge that presided over every federal prosecution in north Alabama, wonders why Hunter did not make a plea deal in the gun case? I found this BBC article on the federal tax evasion case, which perhaps explains why no plea deal was offered to Hunter in the federal gun case? The same US District Judge presides over both federal cases.
Hunter Biden's plea deal collapsed. What happens now?
27 July 2023
By Anthony Zurcher,
North America correspondent,
@awzurcher
Reuters
Hunter Biden's deal with prosecutors to plead guilty to two misdemeanour tax evasion charges and defer punishment for lying on a gun license application collapsed in dramatic fashion in a Delaware federal courtroom on Wednesday.
As a room full of reporters watched, the presiding judge, Maryellen Noreika, questioned the assembled lawyers about details of the agreement, revealing that the federal team led by David Weiss, the Donald Trump-appointed US attorney in Delaware who is in charge of the Biden investigation, and Mr Biden's lawyers, had very different views on what it contained.
Eventually, Mr Biden's side agreed to the prosecution's view - but that proved to be just the first stumbling block. The judge then questioned the gun deal - in which no charges would be filed if Mr Biden stayed out of legal trouble and did not attempt to purchase firearms for two years.
The agreement made Ms Noreika, rather than the justice department, the arbiter of whether Mr Biden was keeping his end of the agreement, a provision she found to be of questionable legality.
After she told the lawyers she could not decide the matter without further review, Mr Biden pleaded not guilty to the two tax charges and the judge told the sides they would have 30 days to reach a new agreement that addressed her concerns.
"You are all saying, 'Just rubber stamp the agreement'," Ms Noreika told the lawyers. "I'm not in a position to accept or reject it. I need to defer."
In the meantime, there are more questions than there are answers.
What did the prosecution and defence lawyers disagree about?
At the heart of Wednesday's dispute was exactly how much immunity from future prosecution the plea deal will give Hunter Biden. Defence attorneys said they understood that the agreement would protect their client from any future indictments by federal prosecutors over his business dealings.
Federal prosecutors disagreed, telling the judge the plea agreement only covered tax crimes and Mr Biden's false claim he was not a drug addict when he applied for a 2018 gun license.
It's typical for defence attorneys to press for the broadest level of protection for their clients when entering plea negotiations. Prosecutors, on the other hand, tend to want to keep their options open. These details are usually hammered out well ahead of a courtroom appearance, however.
The Biden team has a particular interest in limiting the justice department's range of future options, both in new prosecutions and determining violations of the gun agreement, to prevent a Republican president from reopening the inquiry in 2025.
In the end, the two sides agreed that Mr Biden would be protected from further tax and gun charges stemming from activities that took place between 2014 and 2019.
When asked by congressional investigators, Mr Weiss and federal prosecutors have said that their investigations are "ongoing" despite the plea deal.
During their Wednesday court appearance, Judge Noreika specifically asked the prosecution team about whether the plea deal would prevent a prosecution for violation of the Foreign Agents Registration Act (Fara) - a federal law that requires individuals who are engaging in political advocacy on behalf of foreign governments, businesses or nationals to inform the federal government of their activities.
The prosecutors said it did not.
There has been widespread speculation that Mr Weiss's team has been looking into possible Fara violations, given that Mr Biden had frequent contacts with Chinese and Ukrainian individuals and businesses as part of his international business dealings.
While the prosecutors did not confirm this was an ongoing area of investigation, the judge's questions will further fuel speculation.
Fara prosecutions were rare until recent years and typically come through plea deals and not trials.
Former Trump campaign chair Paul Manafort pleaded guilty to a Fara charge in 2019, as did former Republican fundraiser Elliott Broidy in 2020. Both were subsequently pardoned by Mr Trump.
What happens next in the case?
The clock is ticking on the 30-day deadline for prosecutors and Mr Biden's lawyers to reach a plea agreement that won't collapse when it reaches the courtroom.
If they can't, the judge could set a trial date for the two misdemeanour tax violations the presidential son is already facing - and prosecutors could add more serious criminal violations to the charge sheet.
If a new deal is reached, Judge Noreika will have to approve it - and then issue a sentence. While the prosecutors had recommended parole and no jail time as part of the previous deal, the judge will make her own determination as to the appropriate punishment.
Meanwhile, congressional Republicans, who are conducting their own investigation of Mr Biden's business activities will continue their inquiries.
They had actively opposed the previous plea agreement, which they considered too lenient for Mr Biden.
House Oversight Committee Chair James Comer has said that committee Republicans believe that President Biden may be more closely tied to Hunter Biden's businesses than was previously disclosed.
Mr Weiss had promised to testify to Congress sometime after August to explain the plea deal and his prosecutorial decisions, but that becomes less likely if his office takes Mr Biden to trial on tax charges or is actively investigating other possible criminal violations.
The presiding federal judge was appointed by President Donald Trump and is being considered for appointment to a US Circuit Court of Appeals by President Joe Biden.
From Wikipedia:
Maryellen Noreika (born July 12, 1966) is an American lawyer and jurist serving since 2018 as a U.S. district judge of the United States District Court for the District of Delaware.
Biography
Noreika was born in 1966 in Pittsburgh, Pennsylvania. She received a Bachelor of Science from Lehigh University in 1988 and a Master of Arts in biology from Columbia University in 1990. She then attended the University of Pittsburgh School of Law, where she was a member of the University of Pittsburgh Law Review. She graduated in 1993 with a Juris Doctor, magna cum laude, and Order of the Coif membership.[1]
After law school, Noreika entered private practice at the Wilmington, Delaware law firm Morris, Nichols, Arsht & Tunnell. During her 25 years at Morris Nichols, Noreika served as counsel in more than 500 cases, while specializing in patent law, and representing parties in cases involving biotechnology, chemistry, consumer products, computer science, medical devices, and pharmaceuticals.[2] Noreika worked at Morris, Nichols, Arsht & Tunnell until she became a judge.
Before becoming a judge, she made campaign donations to both Republican and Democratic candidates, but mostly to Republicans.[3][4]
Federal judicial service
On December 20, 2017, President Donald Trump nominated Noreika to serve as a United States District Judge of the United States District Court for the District of Delaware, to the seat vacated by Judge Gregory M. Sleet, who assumed senior status on May 1, 2017. Her nomination was part of a bipartisan package of nominees which included Colm Connolly.[5] On February 14, 2018, a hearing on her nomination was held before the Senate Judiciary Committee[6] On March 15, 2018, her nomination was reported out of committee by a voice vote.[7] On August 1, 2018, her nomination was confirmed by a voice vote.[8] She received her judicial commission on August 9, 2018.[9] Maryellen Noreika has been considered a potential nominee for a federal judgeship in the Federal Circuit by President Joe Biden.[10]
I wonder if it is being argued that violating the federal Gun Control Act of 1968, by lying on a Form 4473, is 5 years of federal time per charge, and per Federal Sentencing Guidelines, Hunter can not receive a 5 year concurrent sentence, he will receive 5 year CONSECUTIVE sentences? In the Federal Prison System, there is no parole. Parole for federal prisoners was abolished in the 1980's.
However, federal judges routinely put first offenders who show remorse on probation, when no one was injured and nobody got rich. So, I wonder why Hunter was not offered a probation plea deal? Unlike Donald Trump in the hush money and other criminal prosecutions against him, President Biden and Hunter have not railed against the US Attorney, ATF and Judge Noreika. So I wonder again, why there is no probation plea deal, or if there was, why Hunter didn’t take it?
All this fuss over one gun a drug addict seems bought and he didn’t shoot anybody with it, he didn’t go into a school and shoot children and their teachers, but he didn’t disclose when he bought the gun that he was an active drug addict. Yet his Daddy is helping Israel kill and maim a lot of unarmed civilians in Gaza, and Donald Trump may never be tried for trying to overthrow the national government.
I heard that dirt Hillary Clinton had on the Bidens was how she got the Democrat nomination in 2016, before anyone knew about her dirt, and that, along with help from Julian Assange and Russian hackers and Vladimir Putin, is how Donald Trump got into the White House. So what the heck, perhaps the Democrats should stand up and take a bow?
Without his father’s influence as Barack Obama’s vice president, I don’t see how Hunter could have made a fortune off Ukraine.
If I were hired today to represent Hunter, I would ask Judge Noreika for a recess of the trial, and out of the jury’s presence, I would advise Hunter to take the witness stand, be sworn in, tell Judge Noreika that he lied on the gun application form, he was an active drug addict at the time, he had no self control, which is how it is with addicts, and say he’s sorry he didn’t do this sooner, and he isn’t an addict any more, and he won’t accept a pardon from his president father. If Hunter does that, I put into evidence recent pee drug screens administered by a government approved agency, which Hunter had passed, and I ask Judge Noreika to dismiss the jury and put Hunter on probation.
If Hunter doesn’t do what I advise him to do, I ask Judge Noreika to allow me to withdraw from the case.
sloanbashinsky@yahoo.com
