Hunter Biden evidence all ‘points in one direction’ but first son still has three options to fight federal gun charges
HUNTER Biden still has options to fight his federal gun charge, a legal expert has said.
The president’s son, 54, appeared in court on Monday for the start of jury selection as he faces three firearm-related charges for allegedly owning a gun while being an active drug user in 2018.
Will Trachman, general counsel for Mountain States Legal Foundation, told The U.S. Sun that the Hunter Biden trial is “unprecedented.”
“We’ve ever had a situation like this, and it took many, many years to get to this point,” he said.
“The charges relate to conduct from several years ago when Hunter Biden was struggling with all these addiction issues, so it wasn’t a short road to get here.”
When asked if the trial could lead to an easy conviction, Trachman said it is currently “hard to tell.”
“This a jury of his peers in Delaware. The name Biden goes a long way in Delaware, and so the jurors who are selected may be willing to cut him a lot of slack.”
However, he noted that it seems that the evidence presented thus far is “about as good as any other criminal case.”
“It seems like they have him locked in on these text messages, the book, the other witnesses who heard him express that he was an addict. And so it does seem like all of the evidence points in one direction.”
EVIDENCE
In court filings made ahead of the trial, prosecutors suggested they would refer to personal text messages sent while Hunter was battling addiction.
They are also likely to point to Hunter’s 2021 memoir, in which the president’s son shared details of his experiences as a drug user.
When it comes to the claims made in Hunter’s memoir, Trachman indicated that this will be used as Exhibit One in the trial.
“I suppose Hunter could say, well that was glamorous for my book and I had to tell a tall tail and that went through an editor.
“At the end of the day, the words that were written, I assume, were written and blessed by him, and an editor didn’t unilaterally add those words at some point.”
Trachman also said Hunter has three options to fight the firearms charges:
- Say he wasn’t an addict claiming the definition of an addict is “ambiguous”
- Say he didn’t sign the firearms form confirming he could legally buy the gun
- Say the law is unconstitutional
However, he stresses it’s a tall hill to climb.
“It’s much more believable to credit every evidence that Hunter Biden was himself creating than an assertion that’s only being made as part of the purpose of a criminal defense.
“So I do think those therapist notes and then everything else are going to be high and prohibitive of the fact that Hunter was indeed an addict.”
TAKING THE STAND
“There’s always the method of telling your own story and offering your own narrative and enhancing your own credibility by giving your defense in your own words at the other time,” Trachman added.
“At the other point in position is that potentially, he’ll crumble on the stand and not have good answers for all the pieces of evidence against him. If I were his attorney, I certainly would be reticent to put him on the stand for that very reason.”
Could Hunter Biden go to jail?
Will Trachman, general counsel for Mountain States Legal Foundation, says it's hard to tell if Biden could be convicted.
The trial takes place in Delaware, where the Biden name “goes a long way,” said Trachman.
Because of this, he believes a lot of the jurors may be willing to cut him some slack, however, due to the evidence presented in the case thus far the trial could go either way.
Judge Maryellen Noreika is known to be fair-minded, said Trachman so if Biden is convicted, given his age and status as a first-time offender, Trachman believes he would receive a light sentence.
However, due to the seriousness of the alleged crimes, Trachman also believes that Biden could serve jail time.
“It’s a very high risk to put him up there.”
However, Hunter “may not have a choice,” according to Trachman.
“The evidence may be so tight against him, he may feel like out of desperation he has to take the stand just to change the narrative of the trial.”
FAMILY SUPPORT
As Dr. Jill Biden appeared in court to support Hunter on Monday, Trachman said he didn’t see any other reason why she wouldn’t continue to be there in support.
“As I said, the Biden name goes a long way in Delaware, the jurors are certainly going to be able to identify who he is and who other members of the family are. So the atmosphere of having people who are supportive and loving and caring and there for Hunter Biden are all positive for the defendant.”
While President Joe Biden has not indicated whether he intends to support his son in person, Trachman said the judge could clear the gallery if his presence was suspected to sway the jury.
“The jury is supposed to weigh the evidence, pros and cons of guilt, and what’s exculpatory and what’s inculpatory,” he said.
“They are not supposed to make decisions based on who’s in the gallery. If the judge suspects that if President Biden [would] show up to the trial in order to exert some influence on the trial, she could absolutely say, ‘Look I’m limiting the courtroom to other members of the public, but not the president.’”