Hunter Biden entered a not guilty plea on Tuesday to three federal firearms charges, a turn of events that follows the unraveling of his previous plea deal. This development sets the stage for a
potential trial in 2024, all while his father, President Joe Biden, campaigns for reelection.
Hunter Biden faces charges related to false statements about his drug use in October 2018 while purchasing a firearm, which he possessed for approximately 11 days. If convicted, he could be sentenced to up to 25 years in prison. When asked by Magistrate Judge Christopher Burke if he comprehended the charges against him, Hunter Biden responded affirmatively, stating, "Yes, Your Honor."
His lawyer, Abbe Lowell, informed the court that he intends to file a motion challenging the charges' constitutionality, with plans to seek their dismissal.
"Mr. Biden pleads not guilty to the three counts that have been brought against him," Lowell asserted before the judge.
Hunter Biden, who has acknowledged his struggle with addiction to crack cocaine during the 2018 period in question, maintains that he did not violate any laws. Cases involving drug users accused of possessing firearms are infrequent, and an appeals court has ruled that the underlying statute violates the Second Amendment based on new Supreme Court standards.
During the hearing, the judge noted that Hunter Biden had been subjected to multiple drug tests, all of which yielded negative results.
The defense team for Hunter Biden alleges that political pressure exerted by Republicans led to his charges. They argue that these charges are a result of "President Trump and his MAGA allies" pressuring the Justice Department to act contrary to the law and its policies in cases like this.
Hunter Biden left the courthouse shortly after the hearing, and the deadline for pretrial motions is set for November 3rd. Pretrial release conditions stipulate no alcohol or drug use, mandatory drug testing or substance abuse counseling if required, and continued or active employment.
Earlier this summer, Hunter Biden had agreed to plead guilty to misdemeanor tax charges and would have avoided prosecution for the gun charges if he remained out of trouble for two years. This agreement marked the culmination of a lengthy federal investigation into the business activities of the president's son. It would have resolved the criminal proceedings and spared the Bidens from weeks of negative headlines in the lead-up to the election.
However, the deal fell apart when the judge tasked with approving it raised several concerns about the agreement. Consequently, a special counsel was appointed to handle the case, and resolution remains elusive. Hunter Biden was indicted on three gun charges, and no new tax charges have been filed yet. Nevertheless, the special counsel has indicated that additional tax charges may be forthcoming, either in Washington or California, where Hunter Biden resides.
Defense attorneys argue that he is still protected by an immunity provision that was part of the defunct plea deal, but prosecutors under special counsel David Weiss's oversight disagree. Weiss also serves as the U.S. attorney for Delaware and was originally appointed by former President Trump.
On Tuesday, Lowell stated that he plans to file multiple motions, including a request for case dismissal based on the defunct immunity agreement and the constitutionality of the law prohibiting drug users from possessing firearms. Lowell also indicated the defense's intention to request an evidentiary hearing.
In Congress, House Republicans are working to establish a link between Hunter Biden's business dealings and those of his father through an impeachment inquiry. The GOP has been scrutinizing Hunter Biden's activities for several years, dating back to when his father, Joe Biden, served as Vice President under Barack Obama. While questions have arisen regarding the ethics of the Biden family's international business ventures, no concrete evidence has emerged to demonstrate that Joe Biden, in his current or prior roles, abused his authority or accepted bribes.
Legal battles surrounding Hunter Biden are poised to extend into 2024. Republicans are eager to divert attention from the multiple criminal indictments facing Donald Trump, the GOP's leading candidate for the primary, which may also be unfolding simultaneously.
After years of silence, Hunter Biden has adopted a more aggressive legal stance in recent weeks. He has filed a series of lawsuits related to the alleged dissemination of personal information from his laptop and his tax data by IRS whistleblowers who testified before Congress as part of a GOP investigation.
Hunter Biden, who resides in the Los Angeles area, had requested that Tuesday's hearing be conducted remotely via video feed. However, Judge Burke sided with prosecutors, ruling against any special treatment. Photo by Center for Strategic & International Studies, Wikimedia commons.