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Tipsheet

We Know How Hunter Will Plead to Gun Charges, But His Lawyers Have a Request

AP Photo/Julio Cortez

President Biden's son Hunter plans to plead "not guilty" to the three federal felony counts he faces for allegedly lying about his drug use and addiction in order to purchase and possess a firearm in 2018, according to a letter from Hunter Biden's lawyers sent to United States Magistrate Judge Christopher J. Burke on Tuesday. 

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Notably, Biden's legal team also requested that Hunter be allowed to enter his not guilty plea remotely via video, claiming his United States Secret Service detail would be too disruptive to local residents. 

We respectfully request that the Court hold Mr. Biden’s initial appearance in this matter by video conference. Neither party would be prejudiced by doing so, and the financial impact on government resources and the logistical burden on the downtown area of Wilmington are significant in having him travel across the country for what should be a rather short proceeding. 

[...]

Mr. Biden also seeks this procedure to minimize an unnecessary burden on government resources and the disruption to the courthouse and downtown areas when a person protected by the Secret Service flies across the country and then must be transported to and from a downtown location. Without getting into specifics, numerous agents and vehicles are required for what would have to be a two-day event (for a proceeding that may be very short in duration). This includes agents and vehicles in California and in Delaware, as well as agents who must travel with him on the plane. In addition, as the Court is aware of from the last appearance, security also requires shutting down local roadways in downtown Wilmington, advance coordination with local law enforcement and the U.S. Marshals Service, and several other logistical challenges.

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Such consideration did not, of course, allow former President Donald Trump — who has a larger Secret Service detail — to appear virtually to enter his not guilty pleas in the four cases against him. Instead, he was still paraded in front of cameras and made to appear in-person at judicial facilities in Miami, D.C., Fulton County, and New York City. If the Secret Service and local authorities in a handful of America's major cities — including its largest — can make those appearances work, they'll have no problem getting Hunter on a plane to Delaware and then to a courthouse in Wilmington, population 71,000.

Still, according to Hunter's lawyers, "Mr. Biden is not seeking any special treatment in making this request."

Apparently, almost skating on the federal firearms charges with barely a slap on the wrist in addition to a bare minimum penalty as part of a sweetheart deal on tax code infractions was not enough special treatment to quench Hunter Biden's desire to enjoy the better of the two-tiers of justice his last name has allowed him so far. 

The letter from Hunter's legal team continues:

Mr. Biden understands both the charges against him and his rights, which are the primary purposes of this proceeding, and we believe the Court can be assured of that fact by conducting this initial appearance by video. No matter whether in person or virtual, he will waive reading of the indictment, which is merely a few pages and could easily be read at a video conference. Mr. Biden also will enter a plea of not guilty, and there is no reason why he cannot utter those two words by video conference. In short, Mr. Biden is satisfied that his constitutional rights will be met by conducting his initial appearance by video conference. 

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It remains to be seen whether the judge allows Hunter to avoid traveling back to Delaware from California where he's been residing, but granting his request for a video conference would appear to be another way in which the federal justice system treats Hunter with kid gloves rather than equal to other defendants facing charges, including Trump and his allies. 

Since his initial appearance in court in Delaware — during which his sweetheart plea deal imploded — Biden has been in California, and his lawyers told the judge their their client "has scrupulously complied with his conditions since returning home...and it is his expectation that those conditions will remain in place until the Court orders otherwise."

Unsurprisingly, federal prosecutors oppose the idea of Hunter appearing via video conference, something Hunter's lawyers call "puzzling" opposition to a supposedly "common-sense request."

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