President Joe Biden's son Hunter Biden is on trial in Delaware on three felony charges related to his efforts to obtain a firearm in 2018 while allegedly addicted to drugs.
The younger Biden, who pleaded not guilty last October after being indicted by special counsel David Weiss, has denied the charges. The son of a sitting president has never before faced a criminal trial.
The trial comes on the heels of former President Donald Trump's conviction on felony charges related to a 2016 hush money payment made to boost his electoral prospects in the 2016 presidential election.
Latest Developments
Jun 4, 12:07 PM
Defense says Hunter Biden wasn't addict at time of purchase
Hunter Biden's attorney sought to cast doubt on the government's narrative during his opening statement, claiming that Hunter Biden was not actively using drugs at the time of his gun purchase and therefore did not "knowingly" lie on the federal form barring drug users from procuring a firearm.
"He did not knowingly violate these laws," attorney Abbe Lowell said, since there was "nothing on the form about the definition of a user."
Lowell told the jury that Hunter Biden was using alcohol at the time of the gun purchase, but that his drug use "did not start until later."
The attorney said that while Hunter Biden was in Delaware, where he purchased the gun, his behavior was "totally inconsistent" with how he presented it when he was on drugs.
"He spoke with his father, his uncle, his daughters," Lowell said, suggesting they would have noticed if he was "smoking crack every 15 minutes," as he described in his 2021 memoir, "Beautiful Things."
"There is no such thing as a high-functioning crack addict," Lowell said.
Lowell told the jury that Hunter Biden had entered a 12-day rehab program in California before returning to Delaware in the fall of 2018, just a week before the gun purchase, shepherded by his "Uncle Jimmy Biden," who Lowell suggested will testify at trial.
Lowell also pushed back on one of the government's key pieces of evidence -- a text Hunter sent to his then-romantic partner Halle Biden days after purchasing the gun, in which he claimed to be "on a car" smoking crack. Prosecutors said this was evidence that he was using drugs at the time, but Lowell said that, "in reality, he did not want to see Hallie."
As part of the defense, Lowell also appeared to shift some blame to the owners and employees at the gun store where Hunter Biden purchased the gun, saying they "wanted to make a sale."
Lowell claimed that Hunter Biden first purchased a BB gun and a knife at the store, and only purchased the gun after they approached him.
"Hunter wouldn't have known what a speedloader was," said Lowell, who also claimed the salesman never "took Hunter through" the form to ensure he understood it.
"How quickly does a person check through those boxes?" Lowell asked jurors.
Lowell also pushed back on allegations involving the gun pouch that was found with the firearm after Hallie Biden threw the gun it in a dumpster. Prosecutors allege that the pouch had cocaine residue on it, but Lowell said it was never checked for fingerprints and called into question its chain of custody.
"Hunter has never asked anyone to excuse his mistakes," Lowell said, before asking jurors to find him not guilty.
As Lowell delivered his opening statement, first lady Jill Biden, Hunter Biden's wife Melissa Cohen Biden, and his stepsister Ashley Biden sat largely stoic in the gallery. Hunter Biden kept his eyes on Lowell and his hands clasped. Jurors paid close attention, with several taking notes.
Jun 4, 10:56 AM
Hunter Biden 'chose to lie,' prosecutor tells jury
Government prosecutors told jurors in the trial's opening statements that they should make "no distinction for Hunter Biden or anybody else" as they weigh the gun case against the president's son.
Hunter Biden "chose to lie," prosecutor Derek Hines said, laying out the case that the defendant purchased a gun while knowing he was an addict and drug user.
Hines said Hunter Biden bought the firearm from a gun seller who will testify as a witness that the younger Biden filled out form 4473 -- consenting to a federal background check -- and certified that he understood the form. The prosecution said it will show Hunter Biden "bought a gun and lied during a background check."
The man who sold Hunter Biden the gun will testify that he watched the defendant fill out the form.
The gun was then "taken by someone concerned he had a gun. That person was Halle Biden," Hines said, referring to Hunter Biden's romantic partner at the time.
Halle Biden disposed of the gun in a dumpster, where it was retrieved by a man who will also be a witness called by the government.
"The police were called" when Halle Biden went to retrieve the gun, Hines said.
Hines, in his opening, said evidence will show that "Hunter Biden knew he was a drug user and a drug addict" when he filled out the form.
Hines cited Hunter Biden's memoir, "Beautiful Things," in which he wrote he had a "superpower of buying crack anywhere, anytime."
In text messages presented by the prosecution, Hunter Biden acknowledged, "I am an addict."
Jun 4, 10:09 AM
'No one is above the law,' prosecutor says in opening
Opening statements got underway in Hunter Biden's gun trial after nearly an hour-long delay.
The jury was seated just before 10 a.m.
"No one is above the law," prosecutor Derek Hines said in his opening statement, addressing the jury from the lectern.
"It doesn't matter who you are or what your name is," Hines told them.
Jun 4, 9:31 AM
Judge says they 'lost' a juror overnight
Judge Maryellen Noreika took the bench this morning and announced they had "lost" one juror overnight after she "begged" to be released due to travel difficulties.
"We lost a juror overnight," Judge Noreika said, noting the juror explained she lives far away and does not have a car. Noreika did not specifically address how they would be moving forward, but there are four alternates who were seated yesterday as part of the jury.
Opening statements had still not gotten underway as of 9 a.m., as the court was still awaiting the arrival of four of the jurors.
Judge Noreika used the time to address a number of motions, including rejecting a motion from Hunter Biden's attorney Abbe Lowell seeking to exclude from evidence a number of photos of Hunter Biden.
The government said they needed a photo to prove Hunter Biden was in Malibu at a particular time, and the judge agreed to admit it.
First lady Jill Biden was back in her same front-row seat as yesterday, seated between Hunter Biden's wife Melissa and Jill Biden's daughter Ashley Biden.
Jun 4, 9:02 AM
Hunter Biden arrives at courthouse
Hunter Biden has arrived at the courthouse for Day 2 of his federal gun trial.
He was accompanied by wife, Melissa Cohen Biden.
His stepmother, first lady Jill Biden, and his stepsister Ashley Biden are also in attendance for the second day in a row.
Jun 4, 8:52 AM
Arguments to get underway this morning
Hunter Biden returns to court this morning for the start of arguments in his federal gun trial.
Attorneys with special counsel David Weiss' office and lawyers for Hunter Biden are both scheduled to deliver opening statements in the case.
Judge Maryellen Noreika yesterday swore in a jury of six men and six women, completing the jury selection process in a single day to put the trial two days ahead of schedule.
Jun 3, 7:01 PM
Friends, family look on during Day 1 in court
Hunter Biden spent the first day of his gun trial taking notes, reading documents placed in front of him by his attorneys, and often turning to catch a glimpse of the friends and family who came to court to support him.
At one point, he nodded along as a prospective juror spoke about her friend's overdose after addiction.
Jill Biden was seated behind Hunter Biden all day, and she watched attentively as some jurors told the court that they had such a skewed view of her family that they could not be impartial. The first lady did not appear to react in those moments, but at times her daughter Ashley Biden placed her hand on the first lady's back in support.
Hunter Biden's family members also appeared to be actively involved with his defense strategy -- at one point standing up and huddling with Hunter Biden's attorneys Abbe Lowell and David Kolansky after a sidebar.
When court was dismissed, Jill Biden gave Hunter Biden a hug and a kiss before he walked out hand-in-hand with his wife.
Jun 3, 5:51 PM
After opening statements, FBI agent will be 1st witness
Hunter Biden and his stepmother, first lady Jill Biden, departed court at the conclusion of the day's jury selection proceedings.
With opening statements set for Tuesday, prosecutors said their first witness would be FBI Special Agent Erika Jensen, who will introduce into evidence several of Hunter Biden's text messages, as well as excerpts from his 2021 memoir, "Beautiful Things," and other evidence.
The parties had carved out three days to select a jury, which means the proceedings are currently running ahead of schedule.
Judge Maryellen Noreika told jurors they would likely need to be available for the trial through June 14, with the possibility of deliberations stretching into the week of June 17.
Jun 3, 5:42 PM
Jury of 6 men, 6 woman will hear openings Tuesday
A jury of six men and six women is scheduled to hear opening statements Tuesday in Hunter Biden's federal gun trial.
An additional four women were chosen as the alternate jurors.
The jurors include a Secret Service retiree, a man whose father was killed by a gun, and a number of jurors whose family and friends have suffered from addiction -- a central theme in the case against Hunter Biden.
Juror No. 1 is a woman who recently heard about Hunter Biden's case on the evening news. Said said her sister is also an addict, but is "currently clean."
Juror No. 2 is a woman who worked for the Secret Service for nearly 25 years and is now retired. Her husband was a uniformed officer in Washington, D.C.
Juror No. 3 is woman who gets her news from YouTube. When asked what she has heard about the case, she said that it involves guns and drugs.
Juror No. 4 is a woman who said she feels people who smoke weed "should not be allowed" to own a gun, but said she could set that aside.
Juror No. 5 is a currently unemployed man who previously received a DUI for which he pleaded guilty.
Juror No. 6 is a man who said he previously knew about the case. He currently owns three pistols and said, "I believe the Second Amendment is very important."
Juror No. 7 is a man whose father owned a firearm. He said he knows "some" gun laws.
Juror No. 8 is a man whose father was killed by a gun in 2004. He has a brother who was arrested for drug possession and was sentenced to prison.
Juror No. 9 is a woman whose home was burglarized years ago. She purchased a gun and has had it for over 20 years.
Juror No. 10 is a man whose brother and brother-in-law both suffered from alcoholism and are now both deceased. His niece and nephew both own guns.
Juror No. 11 is a woman whose family hunts and has hunting rifles. She said her "childhood best friend" passed away from a drug overdose.
Juror No. 12 is a man whose older brother is an addict who has been to rehab multiple times for PCP and heroin. He said the brother had a gun but he was not sure when.
Jun 3, 4:24 PM
Jury is seated
The jury of 12 jurors and 4 alternates has been seated in Hunter Biden's federal gun trial.
The panel was picked from 250 prospective jurors who arrived at the courthouse this morning for the voir dire process.
