Jury selection set to begin in Hunter Biden gun case

WILMINGTON, Del. — 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 more quickly than expected, after just one day of jury selection 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.

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 whether any of the potential jurors noticed her in the courtroom, where she was sitting in the audience next to Hunter Biden’s wife, Melissa Cohen. It is the first time the child 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 trial began days after former President Donald Trump — who is running against Joe Biden in November — was convicted of all 34 counts against him in a criminal trial in state court in New York.

Follow live updates on the Hunter Biden trial

Hunter Biden departs after a court appearance in Wilmington, Del., on May 24.Matt Rourke / AP

U.S. District Judge Maryellen Noreika had said she planned to call potential jurors in groups of 50 until the court was able to find 12 people who say they can be impartial when it comes to the president’s son.

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 seated 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 couldn’t be impartial about the law in the case because he believes gun ownership is “a God-given right.”

Another potential juror, a middle-age 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 that he doesn’t believe someone who uses drugs should have guns but that he didn’t have an issue with former drug users’ owning guns. The woman was selected for the jury, and the man wasn’t.

At least 15 of the potential jurors who were questioned before lunch said they have family members, significant others or close friends with substance abuse issues. One said her childhood best friend died of a heroin overdose, while another said that his daughter is a recovering addict and that “everybody needs a second chance.”

Only one of those 15 people was disqualified after she said that she had strong opinions about gun control and that she believed Biden was being prosecuted in part because his father is the president.

Six of those who were eventually selected to sit on the jury either own guns themselves or have family members who have bought them in the past, and four have close friends or family members who have struggled with drug or alcohol addiction.

Among the questions the judge asked potential jurors 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 asked whether they believe he “is not being prosecuted for other crimes because his father is the president of the United States.”

Conservative critics of the president have long sought to use his son’s legal issues against him. The president has denied any involvement in his son’s legal troubles or business matters, and efforts by the Republican-led impeachment inquiry to find evidence of wrongdoing by the president have come up short.

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 wasn’t 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 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 them are Hunter Biden’s ex-wife, Kathleen Buhle, and his late brother’s widow, Hallie Olivere Biden.

Prosecutors are also expected to use parts of Hunter Biden’s memoir, “Beautiful Things,” as evidence against him, as well as a summary of data from his phone and his iPad.

Biden’s lawyer, Abbe Lowell, has said he wants to call the owner of the gun shop as a witness, as well as two to three expert witnesses. Weiss’ office has challenged some of the experts’ testimony.

The trial is expected to last two weeks, Noreika, the judge, whom Trump nominated to the bench, has said.

Noreika ruled at a hearing last month that prosecutors wouldn’t be able to mention another pending case against Hunter Biden in California, where he faces nine tax-related charges. He has pleaded not guilty in that case, which is scheduled to go to trial Sept. 5.

Gary Grumbach

Gary Grumbach produces and reports for NBC News, based in Washington, D.C.

Sarah Fitzpatrick

Sarah Fitzpatrick is a senior investigative producer and story editor for NBC News. She previously worked for CBS News and “60 Minutes.”

Tom Winter

Tom Winter is a New York-based correspondent covering crime, courts, terrorism and financial fraud on the East Coast for the NBC News Investigative Unit.