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  /  News   /  Would Secret Service go to prison if Hunter Biden did?

Would Secret Service go to prison if Hunter Biden did?

(NewsNation) — Hunter Biden faces as many as 25 years in prison, and although experts say he’s unlikely to receive prison time, it’s unclear how or if the Secret Service might look after the president’s son if he were placed behind bars.

A jury returned guilty verdicts for the three felony charges Biden faced related to the purchase of a revolver in 2018.

NewsNation Legal Analyst Sara Azari says, given the facts of the case, Biden is likely to receive probation instead of prison.

“In all reality, and not because his last name is Biden — simply because anybody convicted of this kind of crime would probably get probation and a fine — that’s probably what he’ll get as well,” Azari said. “He’s not being treated about the law or any differently.”

That said, if a judge did sentence a sitting president’s son to prison, they’d likely be entitled to the Secret Service protection they were afforded before their conviction, Azari said.

It’s a burdensome arrangement to put together since the Secret Service agents would technically be serving time alongside the person they’re protecting, she added.

When it came time for a jury to convict former President Donald Trump at his criminal trial in Manhattan, the possibility of prison time wasn’t something the Secret Service overlooked.  

Keeping Trump separate from other inmates and screening his food and items would be required, according to previous reporting from NewsNation and its partner The Hill.


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A rotating Secret Service detail would work 24/7, officials said. While firearms are banned in prisons, the agents would be armed.

Secret Service protections are not just afforded to current and former presidents but also to other high-ranking officials and immediate family members of those protected.

It’s unclear, however, what level of protection the president’s son would be afforded in that situation or if he will receive prison time at all for his felony gun convictions.

Judge Maryellen Noreika said sentencing is usually done within about four months and that she would be in touch to schedule a hearing.

The Secret Service is authorized to protect the sitting president and vice president, their immediate families, as well as all former presidents, their spouses and their children younger than 16. While in office, neither the president nor vice president can decline protection, but their spouses and children may.

NewsNation reached out to the United States Secret Service for a comment but has not received a response as of early Tuesday afternoon.