Legal Analysis: Hunter Biden Appears to be Using a Jury Nullification Strategy to Beat Gun Charges in Delaware

Hunter Biden’s legal team appears to be pursuing a “classic jury nullification strategy” in the otherwise open and shut federal gun case being litigated this week in Wilmington, Delaware, according to George Washington University Law Professor Jonathan Turley.

Day three of Hunter Biden’s trial on felony gun charges commenced Wednesday with testimony from the FBI agent who investigated him, as well as several high-profile Biden family witnesses, including his ex-wife, and the widow of his brother Beau Biden.

The younger Biden faces three felonies on gun-related charges: two counts of failing to disclose drug use when trying to purchase a weapon, and another count of unlawful possession of a firearm while addicted to drugs.

As Turley points out, the facts in the case are not in dispute.

The sole issue in this case is whether Biden filed a false gun form (ATF Form 4473) in which, as a condition for his purchase of a .38-caliber Colt Cobra revolver from the StarQuest Shooters and Survival Supply in Wilmington, Del., he stated that he was not a user of drugs.

Biden’s counsel, Abbe Lowell, previously suggested that his client may have had a window of sobriety when he signed the form, but then returned to his addiction afterward. But then Hunter himself blew that theory away with his public comments and books. Lowell then suggested in court that someone else may have checked the box on the form.

On day one of the trial, the prosecution presented audio of Hunter narrating his memoir, “Beautiful Things,” which graphically detailed his extensive drug use during the period in question. He also spoke about his drug abuse in countless interviews during his book tour.

Jurors also heard an FBI agent present text messages, bank statements and book excerpts as evidence that he used drugs in 2018 when the gun was purchased.

On Friday, a forensic chemist testified that he found white powder in Hunter Biden’s gun pouch and that it tested positive for cocaine.

Turley noted that a guilty plea would be less embarrassing for Hunter and his father during an election year, but a different strategy appears to be in play:  jury nullification.

Unlike Donald Trump in Manhattan, Delaware is Biden country. The chance that he will get strong supporters of his father on the jury is an almost statistical certainty. In 2020, Joe Biden received roughly 60 percent of the vote over Donald Trump in the state. Having first lady Jill Biden, who is extremely popular, at the trial will only reinforce the connection.

The  jury reportedly consists of six men and six women, seven of whom are black. Another juror admitted to being an acquaintance of Jill Biden, and have met Joe Biden at several events.

This revelation has raised questions about the impartiality of the trial, with critics arguing that the jury selection process was “comically rigged.” However, the juror in question was allowed to remain on the jury after insisting that he could be fair and impartial.

Biden, according to Turley,  may also be hoping that testimony on his years of drug abuse will elicit sympathy from the jurors and prompt one or more of them “to ignore the law and vote to acquit.”

Most, if not all, of the selected jurors have reportedly disclosed that “they know of someone who has struggled with drugs.”

“Biden’s case has all of the characteristics of a nullification defense,” Turley said. “Even if he cannot secure acquittal, the combination of political and social elements at play in Delaware could produce a hung jury.”

Prosecutors planned to rest their case on Friday.

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About Debra Heine

Debra Heine is a conservative Catholic mom of six and longtime political pundit. She has written for several conservative news websites over the years, including Breitbart and PJ Media.

Photo: WILMINGTON, DELAWARE - JUNE 04: Hunter Biden, son of U.S. President Joe Biden, arrives with his wife Melissa Cohen Biden, to the J. Caleb Boggs Federal Building on June 04, 2024 in Wilmington, Delaware. Opening statements begin today in Hunter Biden's trial for felony gun charges. (Photo by Anna Moneymaker/Getty Images)