A jury of 12 people and four alternate jurors has been selected in the federal gun case against Hunter Biden in Delaware, paving the way for opening statements to begin Tuesday morning.
The panel was selected faster than expected, after just one day of jury selection on Monday. The jurors were sworn in at 4:20 p.m. ET. The jury is made up six men and six women, and all of the alternates are women.
Hunter Biden, the son of President Joe Biden, faces three counts tied to possession of a gun while using narcotics. He pleaded not guilty.
He was joined in court by first lady Jill Biden, who turned 73 on Monday. It was unclear if any of the potential jurors noticed Jill Biden in the courtroom, where she was sitting in the audience next to Hunter Biden’s wife Melissa Cohen. It is the first time the progeny of a sitting president has faced a criminal trial.
Joe Biden released a statement at the beginning of the trial.
“I am the President, but I am also a Dad. Jill and I love our son, and we are so proud of the man he is today,” he said. “Hunter’s resilience in the face of adversity and the strength he has brought to his recovery are inspiring to us. A lot of families have loved ones who have overcome addiction and know what we mean.”
The beginning of the trial comes days after former President Donald Trump — who is running against Hunter Biden’s father in November — was convicted of all 34 counts against him in a criminal trial in state court in New York.
U.S. District Judge Maryellen Noreika had said she planned on calling potential jurors in groups of 50 until they were able to find 12 people who say they can be impartial when it comes to the president’s son.
Out of the 57 potential jurors who were questioned before the lunch break, 34 were found to be qualified to be brought back for further questioning and possibly be sat on the jury. The bulk of those were excused for hardship or scheduling issues, while others were dismissed for saying they couldn’t be impartial when it came to Hunter Biden or because of their views on guns.
One of those who was excused was struck for cause after he said he could not be impartial about the law in the case because he believes gun ownership is “a God given right.”
Another potential juror, a middle-aged woman was removed from the jury pool after she said “I don’t think I could be fair and impartial from my personal opinion.” Asked what that opinion was, she said, “Not a good one. Sorry.”
Among those who did qualify were a woman whose sister has a history of substance abuse issues and a man who owns four guns. He said he doesn’t believe someone who uses drugs should have a gun but didn’t have an issue with former drug users owning guns. The woman was selected for the jury and the man was not.
Of the potential jurors who were asked questions before lunch, at least 15 said they have a family member, significant other or close friend with substance abuse issues. One said her childhood best friend died of a heroin overdose, while another said his daughter is a recovering addict and that “everybody needs a second chance.”
Only one of those 15 people was disqualified after saying that she had strong opinions about gun control and believed that Hunter Biden was being prosecuted in part because his father is the president.
Of those who were eventually selected to sit on the jury, six either own guns themselves or have family members who have purchased them in the past and four have close friends or family who have struggled with drug or alcohol addiction.
Among the questions the judge was asking potential jurors in the Wilmington courthouse were, “Do your views regarding the 2024 election or of any of the candidates for president in any way prevent you from being a fair and impartial juror in this case?” 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?” Another asks if they believe he “is not being prosecuted for other crimes because his father is the President of the United States.”
Other questions related to jurors’ views on guns include “Do you believe that all people should be permitted by law to buy or possess a firearm regardless of whether they have been or are a user of a controlled substance or addicted to a controlled substance?” Another asks, “Do you believe that the government should not be able to require a background check for a gun purchase?”
Two of the counts accuse Hunter Biden of having completed a form indicating he was not using illegal drugs when he bought a Colt Cobra revolver in October 2018. The third count alleges he possessed a firearm while using a narcotic. The indictment said Hunter Biden certified on a federally mandated form “that he was not an unlawful user of, and addicted to, any stimulant, narcotic drug, and any other controlled substance, when in fact, as he knew, that statement was false and fictitious.”
Prosecutors from special counsel David Weiss’ office say they plan to call around 12 witnesses. Among the witnesses they’re expected to call are Hunter Biden’s ex-wife, Kathleen Buhle, and his late brother’s widow, Hallie Olivere Biden.
Prosecutors are also expected to use portions of Hunter Biden’s memoir “Beautiful Things” as evidence against him, as well as a summary of data from his phone and iPad.
Hunter Biden’s lawyer, Abbe Lowell, has said that he wants to call the owner of the gun shop as a witness and two to three expert witnesses. Weiss’ office has challenged the testimony of some of the experts.
The trial is expected to last two weeks, the judge, who was nominated to the bench by Trump, has said.
At a May hearing, Noreika ruled that prosecutors would not be able to mention other pending case against Hunter Biden in California, where he’s facing nine tax-related charges. He’s pleaded not guilty in that case, which is scheduled to go to trial Sept. 5.
