A jury in Wilmington, Delaware, on Tuesday found President Biden's son, Hunter Biden, guilty of three felony counts of making false statements on a federal firearms application, a devastating blow to the Biden family in the midst of a relentless presidential campaign.
The verdict capped an extraordinary seven-day trial in which Biden's crack cocaine addiction, reckless behavior and destructive spending were painfully public, as recounted by three former girlfriends, including the widow of his brother, Beau Biden, and in his own memoir.
The charges for which Biden was convicted stemmed from his purchase of a Colt handgun in October 2018 and included unlawful possession of a weapon after falsely claiming to be drug-free during a standard background check required for all firearms transactions.
Biden, 54, faces up to 25 years in prison, though federal sentencing guidelines provide for only a fraction of that penalty. First-time offenders who don't commit violent crimes with weapons typically receive shorter sentences, and prosecutors have indicated they will not seek a harsher sentence than others convicted in similar cases.
Hunter Biden crossed his arms and looked sternly at the jury as the verdict was read, and after the verdict was finished, he hugged and kissed his wife, Melissa Cohen Biden.
“Rather than being disappointed with the outcome, I am grateful for the love and support I've received from Melissa, my family, friends and the community over the past week,” he said in a statement shortly after.
Biden's lawyer, Abe Lowell, suggested Hunter may appeal, vowing to “vigorously pursue all legal challenges available to Hunter.”
It's unclear whether the verdict will have any political ramifications. Former President Donald J. Trump, who faces two federal charges, jumped on the conviction. But other Republicans have expressed skepticism about the trial, including Republican Sen. Matt Gaetz of Florida, a Trump ally, who said on social media that the conviction was “just ridiculous.”
But the verdict was truly a personal disaster for Biden.
Biden, who has been sober since mid-2019, struck a plea deal with the government a year ago that allowed him to participate in a counseling program for nonviolent firearms offenders in exchange for no charges or prison time. But the deal fell apart under tough questioning from the judge. Biden is facing a new trial in September on charges stemming from years of drug, alcohol and spending abuse that led to unpaid income taxes.
The Delaware case, brought by Special Counsel David C. Weiss, is widely viewed as the least severe of two federal indictments filed against Biden last year, but Tuesday's guilty verdict increases the severity of any future sentencing if Biden is found guilty at a second trial.
Weiss, accompanied by the two prosecutors overseeing the trial, Leo J. Weiss and Derek Hines, reiterated that he filed the lawsuit because “no one is above the law.”
Biden expressed sympathy for people with drug addictions but, during a brief appearance at his Wilmington office, said Biden's gun purchases made his actions “dangerous” and worthy of prosecution.
“This case is about the unlawful choices he made in the midst of the throes of drug addiction,” said Weiss, the U.S. attorney for Delaware who was appointed by President Trump.
Many Republicans are happy to see Biden prosecuted, and have been vying for the legal support of President Biden's son. Trump, but in a very different situation: The former president was indicted twice by a federal grand jury and convicted in New York state court on May 30 of 34 felony counts of falsifying business records. He also faces criminal charges in Georgia for attempting to overturn the results of the 2020 election.
President Biden has distanced himself from the trial, saying he would not pardon his son. After the verdict, he changed his plans to visit his son in Wilmington before leaving for the Group of Seven summit in Italy on Wednesday.
“I am president, but I am also a father,” the president said in a statement. “I accept the outcome of this case and will continue to respect the judicial process as Hunter considers his appeal. Jill and I will always offer Hunter and the rest of his family our love and support, no matter what.”
The jury delivered their verdict after just three hours and five minutes of deliberation, a speed that surprised nearly everyone, including first lady Jill Biden.
Hunter Biden's mother-in-law, Dr. Biden, who was present for most days of the trial, rushed to the courthouse when she learned the jury had reached its verdict, but the security line at the entrance was slow and she missed the reading of the verdict. She then walked out of the courthouse holding hands with Biden.
One of Hunter Biden's closest friends, his uncle James Biden, was determined to get in, so he got to the front of the security line, insisting that he be given priority over a line of reporters holding their wallets, keys and belts up against metal detectors.
He accomplished it.
Hunter Biden had been optimistic late Monday as the jury began deliberations, saying his team believed the jury pool would be sympathetic because it included several people with family histories of drug problems.
But in the end, the government's case was straightforward and the verdict, in the prosecutors' view, predetermined: They presented dozens of text messages and called three women, including Beau Biden's widow, Hallie Biden, to give graphic testimony about Biden's conflicting efforts to obtain crack cocaine at the same time he was trying to break his drug addiction.
Biden's lawyer, Lowell, fired back in a 90-minute closing argument on Monday, attacking the credibility of the government's key witnesses and trying to prove that Biden wasn't using drugs at the very moment he applied for the gun. Lowell accused prosecutors of spreading “doubt” and “speculation” and suggested the trial was less about justice than about punishing a remorseful, sober man for a drug addiction.
Republican lawmakers have sought to make a connection between President Biden, who was out of office for much of the period covered by Hunter Biden's federal lawsuit, and his son's lucrative business deals.
But they failed to find any substantial links, despite years of investigation and the president’s dubious claim that he oversaw all of his son’s dealings as the head of the “Biden crime family.” Just last week, House Republicans called on the Department of Justice to file criminal complaints and indict Hunter and James Biden for making false statements to Congress in the impeachment investigation into President Biden.
Hunter Biden received millions of dollars from his position on the board of directors of Ukrainian energy company Burisma, but “spent the money on drugs, escorts and girlfriends, luxury hotels and rental properties, luxury cars, clothing and other personal items — everything but taxes,” prosecutors wrote in a December tax indictment.
Biden was convicted Tuesday of three felony counts of lying to a federally licensed gun dealer, making false statements on a federal firearms application used to screen applicants and possessing an illegally obtained firearm for 11 days between Oct. 12 and Oct. 23, 2018.
Prosecutions for lying to dealers are relatively rare, averaging fewer than 300 per year. Around the time of Biden's gun purchases, roughly 25 million to 30 million background checks were conducted per year, according to statistics obtained by The Washington Post.
When officials from the Bureau of Alcohol, Tobacco, Firearms and Explosives reviewed Biden's gun application several years ago, they believed the case probably would have been dropped if the target had been a lesser known individual, according to a former law enforcement official familiar with the situation. They pointed to two factors: the gun hadn't been used in a crime and Biden had taken steps to quit drinking and moderate his alcohol intake.
Judge Maryellen Noreika, who is overseeing the case, said she will sentence Biden within four months. The judge will need to consider several unusual elements unique to Biden's case.
According to guidelines from the U.S. Commission on Criminal Justice, which sets recommended sentencing standards, someone in Biden's position would typically face between 15 and 21 months in prison for charges related to the unlawful receipt, possession or transportation of a firearm.
According to the commission's data, between 2019 and 2023, only 48 defendants were sentenced in the same category as Biden, and 92 percent received prison sentences, with the average sentence being 15 months.
About 8% of people in this category received probation or a fine.
But legal experts say judges often deviate from the recommended guidelines when imposing sentences and may reduce sentences to take into account the unique circumstances of each case.