Politics, drugs and taxes: jury selection for Hunter Biden's tax trial could get personal

With jury selection starting Thursday in Hunter Biden’s trial on federal tax charges, his lawyers have proposed the judge ask potential jurors whether they have “strong negative views” about people who pay taxes late or not at all, or who used to use illegal drugs.

Prosecutors, meanwhile, want the judge to ask prosective jurors if they think the FBI or the Internal Revenue Service investigate people because of politics. Or if they believe people struggling with addiction shouldn’t be charged with crimes.

Another factor is weighing Biden's high-profile reputation as the son of President Joe Biden. U.S. District Judge Mark Scarsi faces that same challenge in the trial in Los Angeles as his counterpart did with Biden’s trial on gun charges in Delaware: finding jurors who can weigh evidence fairly.

“You might find there are more potential jurors who hold bias towards the IRS than hold bias toward Hunter Biden,” said Julian Andre, a former federal prosecutor now practicing at McDermott Will and Emery in Los Angeles.

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Legal experts say jury selection is a key part of any criminal trial because of the requirement for a unanimous verdict to convict. Questions proposed by the lawyers hint at key points each side is expected to press during the trial.

The judge will ask questions designed to identify whether a potential juror has a bias or has already formed an opinion about the case, with the judge and lawyers considering not just the answers but how the questions are answered and the juror’s demeanor.

“What Judge Scarsi is trying to accomplish is to weed out biased jurors who will not be able to consider the facts presented in the trial and apply to the law he will read to them in the jury charge to reach a fair verdict,” said Michael Kibler, a trial lawyer in Los Angeles with Kibler Fowler & Cave. “If he thinks a question is intended to pre-argue a theme rather than weed out bias, he won’t ask it.”

While choosing jurors for the son of a president might take a bit longer than a typical tax case, Andre predicted it would take days rather than weeks to seat a jury.

“You often hear it will be so hard to find an impartial jury,” Andre said. “In most cases, it’s easier to find an impartial jury than people think.”

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Prosecutors contend Biden dodged $1.4 million in taxes while funding an extravagant lifestyle.

Defense lawyers are expected to argue the missed payments occurred during a period in Biden's life, from 2016 to 2019, when he was addicted to crack cocaine. A Biden friend helped him pay the taxes in 2021, but prosecutors contend that hearing of the paid taxes would confuse the jury because the payment came after Biden was aware he was under investigation.

Biden is charged with three felonies and six misdemeanors for not paying taxes, filing false returns and evasion of tax assessment. He faces up to 17 years in prison if convicted, although sentencing would likely be less than that. He pleaded not guilty.

Here is what we know about the high stakes of jury selection for the trial:

The Joe factor: Jurors could be asked if Hunter Biden is on trial because of politics

Familiarity with high-profile litigants doesn’t necessarily excuse a potential juror. But lawyers for both sides will look for clues about whether the familiarity leads to a positive or negative impression of Biden.

“From the court’s perspective, the judge will want to explore whether the juror can be impartial, listen to the evidence and arguments, and follow the law as given to them notwithstanding the familiarity,” Kibler said.

“If I were representing the government, my ideal juror would be a lunch-pail, tax-paying working stiff,” Kibler added. “If I were (Biden’s) lawyer, my ideal juror would be someone who leans liberal and who has had personal or family experience dealing with addiction.”

Routine questions to potential jurors include any training in bookkeeping or accounting and whether they’ve been investigated by the IRS. They could also be asked if they ever participated in political campaigns or ran for office.

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JustIce Department special counsel David Weiss’ team agreed with Biden’s lawyers to propose asking potential jurors if they “believe Robert Hunter Biden is being prosecuted in this case because his father is the President of the United States and was until recently a candidate for President?”

The two sides also agreed Scarsi could ask if Biden was not prosecuted for other crimes because his father is president.

Jurors could be asked their views about former drug users

Another touchy subject area deals with feelings toward people addicted to drugs or alcohol. The gun trial featured wrenching testimony from his ex-wife and others about Biden’s former addiction to crack cocaine.

Potential jurors could be asked whether they or their family members were ever treated for addictions. One jointly approved question is whether they have “any strong negative views about past users of controlled substances, narcotics or alcohol.” Another question is whether “you believe someone who is addicted to drugs should not be charged with a crime.”

Jurors could be asked who prepares their taxes − and if they've ever been investigated by the IRS

Taxes – who’s preparing them, who’s investigating them – is another hot-button item for potential jurors.

Prosecutors and defense lawyers each want Scarsi to ask about experience in bookkeeping or accounting. The questions could get a little personal, asking whether jurors were ever audited or involved in a court proceeding with the IRS or California Franchise Tax Board.

One jointly approved question asks whether they are “strongly against having to pay taxes at all.” Another asks about “negative views about individuals who file or pay their taxes late or do not file or pay their taxes at all.”

This article originally appeared on USA TODAY: Jurors in Hunter Biden's tax trial could be asked about drugs, taxes