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Hunter Biden was convicted on federal gun charges. What鈥檚 next for the president鈥檚 son?

After being convicted on three felony firearm charges and a looming tax trial scheduled for September, what鈥檚 next for Hunter Biden?

By Claudia Lauer and Alanna Durkin Richer
Wilmington, Del.

Hunter Biden鈥檚 legal woes are not over after his conviction on three felony firearms charges in a trial that put a spotlight on his drug-fueled past.

Now, President Joe Biden鈥檚 son faces sentencing, and another criminal trial on tax charges in the middle of his father鈥檚 reelection campaign.

Jurors found Mr. Biden guilty on June 11 after just three hours of deliberations over two days in the federal court in Wilmington, Delaware. The case stemmed from a gun Mr. Biden bought in 2018 while, as prosecutors say, he was in the throes of a crack cocaine addiction.

Here鈥檚 a look at what鈥檚 next for Mr. Biden:

Sentencing

He was convicted of lying on a mandatory gun purchase form by saying he was not illegally using or addicted to drugs, and illegally having the gun for 11 days.

The three counts carry up to 25 years in prison. But whether the president鈥檚 son actually serves any time behind bars will be up to U.S. District Judge Maryellen Noreika. The judge, who was nominated to the bench by former Republican President Donald Trump, didn鈥檛 immediately set a date for sentencing.

In the federal system, first-time offenders don鈥檛 get anywhere near the maximum sentence. Federal sentencing guidelines 鈥 which judges use as they weigh punishments for defendants 鈥 are expected to recommend a far lighter punishment. And judges aren鈥檛 bound by the guidelines, so she could decide not to send him to prison at all. Other options include probation or home detention.

In pressing the judge not to put him behind bars, defense lawyers will likely note that, unlike many illegal firearm possession cases, Mr. Biden鈥檚 gun was not used in a crime. Mr. Biden never even fired the gun, which he had for 11 days before it got thrown in the trash, his lawyers have said.

The defense will also likely emphasize that Mr. Biden has since turned his life around. He has said he has been sober since 2019. Also, there have been no reported violations of his conditions of release, including that he continues to abstain from drugs and alcohol and participate in a recovery program.

Appeal likely

Defense attorney Abbe Lowell said in a written statement June 11 that they will 鈥渃ontinue to vigorously pursue all the legal challenges available.鈥 It鈥檚 unclear on what grounds Mr. Biden will appeal the verdict, but he mounted multiple unsuccessful challenges to the case ahead of trial.

Among other things, Mr. Biden鈥檚 lawyers have challenged the constitutionality of the gun law at the center of the case in the wake of a landmark Supreme Court decision that has upended firearm laws across the country.

Mr. Biden鈥檚 lawyers have also argued the president鈥檚 son was prosecuted for political purposes. Mr. Lowell has claimed prosecutors bowed to political pressure after a plea agreement hit the skids in court and was publicly pilloried by Republicans, including Mr. Trump, as a 鈥渟weetheart deal.鈥

Under that deal last year, Mr. Biden would have pleaded guilty to misdemeanor tax offenses and avoided prosecution in the gun case if he stayed out of trouble. Prosecutors were planning to recommend two years of probation. But the deal fell apart after the judge raised concerns about it.

On June 7, defense lawyers urged the judge to acquit Mr. Biden of the charges, arguing prosecutors had not met their burden of proof. Ms. Noreika did not rule on the motion before the jury reached its verdict.

Other legal problems

Mr. Biden鈥檚 trial on tax charges in California is scheduled to begin Sept. 5. He was initially slated to go to trial in that case later this month, but the judge recently granted a defense request to delay.

He鈥檚 charged in the California case with nine felony and misdemeanor tax offenses. The charges stem from what federal prosecutors say was a four-year scheme to skip out on paying the $1.4 million he owed to the IRS. Prosecutors allege he instead used the money to fund an extravagant lifestyle which, by his own admission, included drugs and alcohol. The president鈥檚 son has since repaid the back taxes.

Mr. Biden鈥檚 lawyer said at a recent hearing that he was struggling to line up expert witnesses willing to testify in the high-profile case in Los Angeles. Prosecutors said they are planning to call roughly 30 witnesses.

Republicans have also signaled they will keep going after Mr. Biden after their impeachment inquiry into the president stalled.

Last week, House Republicans issued criminal referrals against Mr. Biden and the president鈥檚 brother, James, accusing them of making false statements to Congress as part of the GOP鈥檚 yearlong impeachment inquiry. The president has not been accused or charged with any wrongdoing by prosecutors investigating his son.

Mr. Biden鈥檚 attorney said in a statement last week that the referrals are 鈥渘othing more than a desperate attempt by Republicans to twist Hunter鈥檚 testimony so they can distract from their failed impeachment inquiry鈥 and interfere with his criminal trial.

A presidential pardon?

President Biden said June 11 that he would accept the verdict and 鈥渃ontinue to respect the judicial process as Hunter considers an appeal.鈥 The president has said in recent interviews he would not pardon his son.

The president鈥檚 response to the verdict stands in stark contrast to Mr. Trump, who blasted the justice system as 鈥渞igged鈥 after his conviction on 34 felony counts in New York. The presumptive Republican presidential nominee was convicted of a scheme to illegally influence the 2016 election through a hush money payment to a porn actor who said the two had sex. Mr. Trump denied any wrongdoing and has cast himself as the victim of a politically motivated justice system working to deny him another term.

While in the White House, Mr. Trump used his pardon power to benefit a broad array of allies, Republican supporters in Congress convicted of crimes, and others whose causes were championed by friends.

The beneficiaries included four associates convicted in special counsel Robert Mueller鈥檚 Russian election interference investigation, but notably excluded two others 鈥 former campaign aide Rick Gates and former personal lawyer Michael Cohen 鈥 who cooperated with prosecutors as part of that probe.

In a statement June 11, Mr. Trump鈥檚 campaign called Mr. Biden鈥檚 verdict 鈥渘othing more than a distraction from the real crimes of the Biden Crime Family.鈥 Mr. Trump and his allies have long pressed forward unsubstantiated or debunked allegations that President Biden 鈥 while serving as vice president 鈥 acted to advance his family members鈥 foreign business interests.

This story was reported by The Associated Press.