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Hunter Biden pleaded not guilty Tuesday to federal gun charges in Delaware, and a criminal trial for the president’s son appears almost guaranteed after a plea deal that would have spared him jail for the gun charges and separate tax violations collapsed in July.
Appearing before U.S. District Judge Christopher Burke, Hunter Biden pleaded not guilty to two counts of making false statements in relation to the purchase of a firearm, and a third count of possession of a gun by a person who is a user of illegal narcotics.
“Mr. Biden pleads not guilty,” said defense attorney Abbe Lowell.
Hunter Biden said little during the hearing and only nodded in the affirmative when Judge Burke asked him if he was aware of the charges against him. His lawyers also waived the reading of the indictment.
Judge Burke set a Nov. 3 deadline for pretrial motions, but did not schedule any new court hearings.
The historic indictment, brought last month by special counsel David Weiss, is the first against the child of a sitting president. It could set the stage for Hunter Biden to head to trial next year while his father campaigns for reelection.
Two of the counts stem from Hunter Biden’s alleged lies on a federal background check form when he bought a Colt Cobra revolver in October 2018. The third count charges him with possessing a firearm while using a narcotic.
The three charges carry a combined maximum prison sentence of 25 years.
“Hunter Biden provided a written statement on Form 4473 certifying that he was not an unlawful user of, and addicted to, any stimulant, narcotic drug, or any other controlled substance, when in fact, as he knew, that statement was false and fictitious,” prosecutors wrote in September.
Count three of the indictment states that Hunter Biden illegally possessed that gun for 12 days after its purchase. Under federal law, it is against the law to possess a firearm while using illegal drugs.
Prosecutors say Hunter Biden possessed the Colt Cobra “knowing that he was an unlawful user of and addicted to any stimulant, narcotic drug and any other controlled substance.”
Hunter Biden wrote in his 2021 memoir “Beautiful Things” that he was abusing drugs in 2018 when he bought the weapon.
Mr. Lowell has repeatedly said that a recent federal appeals court decision that drug use alone should not automatically prevent someone from obtaining a gun could be critical to Hunter Biden’s defense.
The ruling by a panel of the 5th U.S. Circuit Court of Appeals has no legal bearing in Delaware, where the charges against Hunter Biden were brought. The 5th Circuit oversees Louisiana, Mississippi and Texas. The Justice Department is mulling whether to appeal the ruling by going to the Supreme Court or asking the full appeals court to review the decision.
The White House on Tuesday declined to say whether President Biden followed the court proceedings.
“The president loves his son. He’s going to continue to support him as he rebuilds his life,” said press secretary Karine Jean-Pierre said, who declined to answer questions about whether Mr. Biden spoke with his son.
Under an earlier agreement with prosecutors, Hunter Biden would have pleaded guilty to failing to pay more than $2 million in taxes on foreign income from countries such as China and Ukraine. The plea deal also required Hunter Biden to admit to a gun offense that would be expunged after he entered into a diversion program and completed probation.
The deal fell apart during a July court hearing in Wilmington, Delaware, under scrutiny from U.S. District Judge Maryellen Noreika, who raised questions about an immunity provision. Calling the provision “atypical,” Judge Noreika questioned whether it could protect Hunter Biden from other tax crimes or violations of foreign lobbying laws.
Mr. Lowell insisted that the deal remains valid and prevents prosecutors from filing additional charges against Hunter Biden.
“We believe these charges are barred by the agreement the prosecutors made with Mr. Biden, the recent rulings by several federal courts that this statute is unconstitutional, and the facts that he did not violate that law, and we plan to demonstrate all of that in court,” he said.
Mr. Weiss’ team argues that the agreement is no longer in effect because it lacks a necessary signature from the probation department.
In the aftermath of the plea deal’s collapse, prosecutors suggested that they might bring criminal tax charges against Hunter Biden in the District of Columbia or California. It is unclear whether tax charges will be filed.
• This story is based in part on wire service reports.
• Jeff Mordock can be reached at jmordock@washingtontimes.com.
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