Last Thursday, Hunter Biden, son of President Joe Biden, was indicted on three separate charges relating to his possession of a firearm while potentially in the midst of his battle with narcotic addiction. Hunter Biden has long been the ire of the Republican Party as many conservative news outlets have speculated that he leveraged his father’s position of authority in order to profit in his international business dealings. Additionally, in the wake of the death of his brother, Beau Biden, Hunter Biden began a pattern of self-destruction, and his battles with narcotic addiction intensified, attracting mainstream attention. Although there is no substantial evidence that indicates Hunter Biden participated in large-scale corruption efforts to benefit himself and his family, this has not stopped members of the Republican Party from using this speculation in attacks on the character of his father and the rest of their family. That said, Hunter Biden’s charges are completely unrelated and far less legally significant than political corruption. Given that fact, the explanation for the level of media attention and legal scrutiny Hunter Biden is facing can only be that it is politically motivated due to his father’s position in office.
The charges being brought against Hunter all stem from a period of time stretching from Oct. 12 to Oct. 23, 2018, during which Hunter Biden purchased and got rid of a Colt Cobra revolver. Prosecutors believe Hunter Biden violated the United States Code 922(g)(3), which prohibits those addicted to controlled substances from owning and possessing firearms. One reason to suggest the indictment has been politically motivated is that recent court cases have caused the constitutionality of U.S.C. 922(g)(3) to be brought into question. In the 2022 Supreme Court case of New York State Pistol and Rifle Association v. Bruen, the Supreme Court established that all forms of governmental gun regulation must be rooted in the nation’s tradition and history. This case set the precedent for future case U.S. v. Connelly, in which the state of Texas ruled the statute unconstitutional.
Considering the fact that the Court’s understanding of the Second Amendment has changed and that there is currently a debate surrounding the constitutionality of the specific statute Hunter Biden is charged with having violated, the government’s efforts to indict him appear to be less about achieving justice and more about creating credibility for the countless political attacks against him and President Joe Biden. Even if one can ignore the fact that Hunter Biden is being charged with a crime that is not universally perceived as a crime by the Justice Department, there is very little precedent to suggest the level of scrutiny and criminal ramifications Hunter Biden is currently under is warranted. In fact, from the beginning of the 2013 fiscal year to the end of the 2017 fiscal year, only 614 of the 32,401 gun-related court cases, or about 1.9% of the cases, had the lead charge against the defendant be possession by an addict. I bring this up to show how rare these types of cases actually result in prosecutions and to illustrate that the charges allotted against Hunter Biden are not typically significant enough to garner national headlines. The charges in the indictment of Hunter Biden suggest that the prosecution is not seeking actual justice; they are merely seeking to sully the name of Hunter Biden and, consequently, President Joe Biden.
Although the criminal charges against Hunter Biden do not address his speculated corruption in international business, they do aid the efforts of the Republican Party to diminish the character of Hunter and the rest of the Biden family. If the prosecution is successful in their indictment and Hunter Biden is forced to deal with legal repercussions, the ethics of the Biden family will be put into question by the general public. Additionally, if the indictment is successful and Hunter faces prison time, it justifies the attacks of many Republican politicians on the character of the Biden family. When considering the potential future optics of Biden’s 2024 reelection campaign, his son’s legal situation and potential label as a “felon” will, without question, be at the forefront of voters’ minds and at the center of any political attacks against President Joe Biden.
Ever since former President Trump questioned former President Barack Obama’s birth certificate, there has been a clear shift in the way political campaigns are run as personal attacks towards another candidate have been shown to generate large-scale publicity, especially among the Republican Party. Understanding this, there will be a remark about Hunter Biden’s crimes or his years-long drug addiction anytime Biden’s reelection campaign is mentioned. If Hunter Biden loses his court case, Joe Biden may have to weigh the scrutiny he and his family will be under during a reelection campaign.
At the end of the day, President Joe Biden has expressed his undying love for his son on numerous occasions, and it may be impossible to ignore the negative attention his son has and will continue to receive if he runs for reelection.
Zachary Badalamenti, FCRH ’25, is a journalism major from Oakland, Calif.
