FOLLOW US

Jury selection in Hunter Biden's trial on three felony firearm charges related to his October 2018 handgun purchase in California while allegedly addicted to illegal drugs began in Delaware federal court on Monday.

First lady Jill Biden was expected to attend the first day of trial, along with Hunter Biden's wife, Melissa Cohen Biden, and sister Ashley Biden. President Joe Biden is scheduled to be working in Wilmington on Monday, as well.

U.S. District Judge Maryellen Noreika was set to seat 12 jurors and four alternates ahead of opening arguments.

Hunter Biden was indicted by a federal grand jury in September on one count of false statement in purchase of a firearm, one count of false statement related to information required to be kept by a federal firearms-licensed dealer, and one count of possession of a firearm by a person who is an unlawful user of or addicted to a controlled substance.

An earlier plea deal reached with prosecutors last summer fell apart in July, leading to the indictment in September and sending the case toward trial.

The counts now slated to be heard by the federal jury in Delaware could carry a maximum penalty of up to a combined 25-year prison term. Two counts focus on his alleged failure to disclose his drug use or addiction when he purchased a Colt Cobra .38 Special revolver, and the third count relates to his purported possession and purchase of the firearm after falsely representing his drug abuse.

The case moved forward in a national political climate hyper-charged by jury verdicts last week in a New York City courtroom that found former President Donald Trump guilty of 34 counts of falsifying business records to cover up a payment to adult film actress Stormy Daniels before the 2016 election.

Some questions proposed for Judge Noreika's jury selection process include asking about each candidate's involvement with political campaigns or parties, whether federal law enforcement agencies "prosecute individuals because of politics" and, "do you believe Robert Hunter Biden is being prosecuted in this case because his father is the president of the United States and a candidate for president?"

A jury instruction proposed by Hunter Biden, filed with the court, indicated in part that his attorneys will argue that charges against him ignore the fact that he was not actively using drugs at the time he purchased the handgun.

Hunter Biden's attorneys argued that two separate circuit court decisions "require that any jury instruction specify" that the law is violated "only when a person is simultaneously armed and actively intoxicated, and using the weapon in some way" that terrifies or endangers others.

"As there is no evidence that Mr. Biden ever loaded or fired the weapon, displayed it publicly, or threatened anyone with it, and was not in actual possession of the firearm throughout the entire eleven days from the time of purchase to disposal, the Special Counsel cannot meet that burden," Hunter Biden's counsel said in a trial brief.

The trial opened after a recent series of pretrial rulings by Judge Noreika that largely went against Hunter Biden, including rejection of one of his proposed expert witnesses and reserved judgment on a second expert.

Also going against Hunter Biden was the court's rejection of a challenge to the appointment of U.S. Attorney for Delaware David C. Weiss — originally a Trump appointee — to simultaneous duty as special prosecutor.

Among other objections, Hunter Biden's attorneys argued that Weiss's appointment violated the U.S. Constitution's appropriations clause, because no special counsel funding was appropriated for the services of Weiss, who continues to serve as Delaware's U.S. attorney.

Judge Noreika, in a footnote to her ruling on the special counsel objection, observed that: "Somewhat incongruously, defendant has asserted in this case both that he is being selectively prosecuted by a Special Counsel 'making prosecutorial decisions for political reasons' and that the special counsel making those decisions is not actually independent from the attorney general appointed by his father or the executive branch headed by his father."

Under the earlier plea deal, Hunter Biden would have pled guilty to two counts of failure to pay income tax in Delaware and would have entered into a pretrial diversion agreement to resolve the firearm charge.

But in July, Judge Noreika refused to approve a plea deal after raising questions about whether the agreement would preclude future federal prosecution under the Foreign Agents Registration Act of Hunter Biden's alleged dealings with foreign business people.

"These agreements are not straightforward, and they contain some atypical provisions," Judge Noreika said at the time.

The court and two sides agreed in July that tabling the plea agreement — since abandoned — would provide time for briefing on the judge's concern that some terms could be unconstitutional and time to prepare a new plea deal acceptable to the court.

"It seems to me like you are saying 'Just rubber-stamp the agreement.' This seems to me to be form over substance," the judge said.

Prosecutors told the court in August that parties had reached an "impasse" over the plea deal and began moving the case toward a trial.

The government later moved the tax charges to federal court in Los Angeles, where a federal grand jury indicted Hunter Biden in December on nine counts. Earlier this month, the court delayed Hunter Biden's criminal tax trial in California, moving it from June 20 to September, to avoid conflicts with the gun trial in Wilmington.

In the Los Angeles action, Hunter Biden was charged with three felony and six misdemeanor counts related to alleged failure to file and pay taxes and filing of a false or fraudulent tax return.

The U.S. is represented by Derek E. Hines and Leo J. Wise of the U.S. Department of Justice, Special Counsel's Office.