The jury deciding Hunter Biden’s fate may still return a not guilty verdict even as they believe President Joe Biden’s son is guilty of the three felony firearms offenses he faces in his historic federal firearms trial.
Even if prosecutors were to successfully prove that Biden purchased a .38 caliber revolver at a Delaware gun shop in October 2018 (allegedly lying by checking the “no” box on ATF Form 4473 asking whether he was an unlawful firearms user or an addict to controlled substances), the Biden family’s extraordinary influence in the state, the jurors’ political leanings, or a dismissive attitude toward the charges could lead the jury to acquit.
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Hunter Biden leaves the federal courthouse in Wilmington, Delaware, Tuesday, June 4, 2024. (AP Photo/Matt Slocum)
“You can’t underestimate Biden’s influence and power in the state,” Zach Smith, a senior legal fellow at the Heritage Foundation, told Fox News Digital, “but I think it’s this compassion issue that Hunter Biden’s legal team is focused on.”
During the selection process, nearly all of the remaining jurors said they knew someone with substance abuse problems, and Smith said Biden’s defense team likely tried to use that sympathy to persuade jurors not to hold Biden responsible for checking the box.
“In particular, some jurors may have family members or friends who struggle with substance abuse issues and may sympathize with Hunter Biden and his substance abuse issues,” Smith said.
A situation like this — where a jury finds Biden knowingly checked the box but still doesn’t convict — is known as jury nullification, which occurs when a juror believes the prosecution proved their case beyond a reasonable doubt but still votes to acquit the defendant.
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Hunter Biden (left) arrives with his wife, Melissa Cohen Biden, at the federal courthouse in Wilmington, Delaware, Tuesday, June 4, 2024. (AP Photo/Matt Slocum)
And Smith believes the prosecution has certainly proven its case.
“Based on the charges brought and the evidence presented at trial, it appears that the prosecution did a good job and tried hard enough to persuade a jury to convict Hunter Biden,” he said.
Still, juries have not always accepted the facts.
During the prosecution’s presentation, jurors were seen yawning, putting their heads in their hands and briefly closing their eyes.
Conflicting arguments that could lead to invalidation were on full display during the selection process.
Some jurors noted that the high-profile trial was highly debated among residents of a state where Joe Biden served as a senator for 36 years and his other son, Beau Biden, served as attorney general for eight years.
“This is Delaware. If you swing the cat around, you’ll hear something. [about the case]” one potential juror told the court.
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A courtroom sketch depicting Hunter Biden in federal court in Wilmington, Delaware, on July 26, 2023. (William J. Hennessy Jr.)
Several potential jurors also spoke freely about their personal connections to the scourge of drug abuse. Across race, gender and age, many of those selected for jury duty said they had relatives who struggled with drug or alcohol addiction.
Biden has pleaded not guilty to all charges.
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The possibility of a jury verdict of not guilty appeared to be hinted at by prosecutors as closing statements began Monday afternoon.
Prosecutor Leo Wise reminded jurors that no one is above the law, saying “the people sitting in the gallery are not evidence,” directly referring to members of the Biden family, including First Lady Jill Biden, who was sitting behind Hunter Biden.
