Federal prosecutors are pursuing a conviction against Hunter Biden, the son of President Joe Biden, on three felony gun charges. They argue that the case is straightforward: in October 2018, Hunter Biden allegedly lied on a federal form about his drug use to purchase a Colt Cobra 38SPL revolver. This act, if proven, constitutes a federal crime. He faces two counts related to false statements in purchasing the firearm and a third count of illegally obtaining a firearm while addicted to drugs.
However, Hunter Biden’s legal team, led by veteran defense attorney Abbe Lowell, believes they can challenge this narrative. At a recent pretrial hearing, Lowell suggested that the firearm form at the heart of the case, ATF Form 4473, is “much more complicated” than the special counsel indicates. Jury selection for the trial is set to begin on Monday, and if the jury sides with the government, Hunter Biden could face a prison sentence.
Lowell’s defense strategy remains somewhat unclear, but he has hinted at several potential arguments. One key point of contention is the existence of two copies of the ATF Form 4473. The original document, created when Hunter Biden purchased the firearm in 2018, lists his passport as the ID he presented. However, a copy made years later includes a handwritten note, “DE Vehicle Registration,” on a line left blank for “Supplemental Government Issued Documentation.” Store employees added this note in 2021 to rectify a requirement that gun buyers present an ID with an address, which passports do not include.
Lowell contends that the gun store employees “tampered with” the document, raising questions about “who wrote what on the form, and when.” The special counsel’s office, led by David Weiss, argues that the employees merely “annotated” the document. However, they took Lowell’s argument seriously enough to re-interview the gun store owner, Ronald Palimere, in May. Palimere stated that the store employees were “scared to death” due to the intense attention on the incident and felt it necessary to annotate the form to avoid trouble.
If jurors are persuaded by Lowell’s argument, it could undermine the credibility of key government witnesses, including the gun store employees who sold Biden the gun. At least two gun store employees, including Palimere, are expected to testify at the trial.
Lowell may also argue that Hunter Biden was confused by the language on the ATF Form 4473. The form asks if the buyer is “an unlawful user of, or addicted to” various narcotics. Lowell suggests that Biden’s understanding of the question, which is in the present tense, is crucial. He argues that someone like Biden, who had just completed an 11-day rehabilitation program and was living with a sober companion, could reasonably believe he was not a present user or addict.
Additionally, Lowell has raised concerns about the chain of custody of a leather pouch that allegedly held the revolver Hunter Biden purchased. Prosecutors claim the pouch had cocaine residue on it, but it was not tested for drug residue until five years later, in 2023. Lowell wants to question witnesses about what happened to the pouch during those five years to see if it was “tampered with.” He plans to call a chemical residue expert for the defense.
Prosecutors hope these arguments fall flat and that jurors rely on the voluminous evidence they plan to present. They intend to use Hunter Biden’s own words against him, including excerpts from his 2021 memoir, “Beautiful Things,” and text messages he exchanged around the time of the gun purchase. In one text message, Biden wrote two days after allegedly purchasing the gun: “I was sleeping on a car smoking crack on 4th Street and Rodney,” referring to an intersection in Wilmington.
The special counsel’s office also plans to show jurors the original ATF Form 4473, in which Biden represented that “he was not an unlawful user of, or addicted to, any stimulant, narcotic drug, or any other controlled substance” despite allegedly knowing it was not true. Prosecutors indicated they plan to call as many as 12 witnesses, including Hallie Biden and Hunter Biden’s ex-wife, Kathleen Buhle.
Lowell has not yet decided whether Hunter Biden will testify in his own defense. The trial is expected to last two to three weeks. If found guilty, Biden could face a prison sentence of up to 25 years, though legal experts suggest that, as a first-time and nonviolent offender, he would not likely serve time.
In addition to the gun charges, Weiss’ office charged Hunter Biden in December with nine felony and misdemeanor charges related to his failure to pay $1.4 million in taxes for three years during a time when he was struggling with addiction. The back taxes and penalties were eventually paid in full by a third party, identified as Hunter Biden’s attorney and confidant, Kevin Morris. Hunter Biden has pleaded not guilty to all charges. The trial in that case was scheduled to begin on June 20 in California but has been postponed until September 5, raising the likelihood that a jury could be deliberating on several felony counts against the president’s son in the weeks leading up to the 2024 election.
Source: CNN, ABC News
