Judge in Hunter Biden’s gun case makes rulings on evidence ahead of June trial

In a final hearing before Hunter Biden goes on trial in Delaware on gun charges, a judge made some vital decisions that will determine what evidence the jury will see during proceedings that are expected to begin on June 3, paving the way for what will be shown. some contents of a laptop he left at a Delaware repair shop, as well as evidence about his drug use.

Hunter Biden’s lawyers have argued that some of the material on the laptop is inauthentic, but prosecutors pushed back on Thursday, saying they did not present any evidence of that to the court. In 2019, the owner of a computer repair shop provided the FBI with a portable computer which he said was left by Biden Hunter. He also gave a copy of the laptop’s data to Trump’s former lawyer, Rudy Giuliani. Last September, Hunter Biden sued Giuliani for hacking data from his laptop. Giuliani showed off the laptop in public, but when the lawsuit was filed, a spokesman for him denied that the unit had been manipulated. The case has not been resolved.

U.S. District Judge Maryellen Noreika handed both sides victories during the pretrial conference, telling Hunter Biden’s lawyers they might raise some questions with the laptop evidence at trial. But she sided with prosecutors on what they need to prove Hunter Biden’s drug use when he bought a gun in 2018. They will need to show he was using or was addicted to drugs at the time of the purchase, she said. The defense argued that prosecutors must prove that Hunter Biden used drugs on the exact day he purchased the gun in question.

Special Counsel David Weiss alleged that Hunter Biden illegally purchased and kept a Colt Cobra 388PL revolver for 11 days and made false statements on a form used to purchase weapons, claiming he was not an illegal drug user. President Biden’s son has declared himself innocent to the gun charges, which were filed in Delaware.

The judge also ruled in favor of Hunter Biden on some issues, saying prosecutors are not allowed to mention his tax case in California, his child support case in Arkansas or his discharge from the Navy. Prosecutors are also prohibited from referring to his “extravagant lifestyle” but can discuss how he paid for the drugs.

The trial is set to begin June 3 after a federal appeals court rejected Hunter Biden’s attempt to dismiss the allegations. He argued that the charges are “unprecedented” and “unconstitutional” and violated a diversion agreement reached with the Federal Public Prosecutor’s Office that collapsed in July after a judge refused to approve it.

Friday’s hearing became somewhat contentious during arguments over the laptop and when the defense said they noticed a discrepancy in the form Hunter Biden allegedly signed when he purchased the gun, certifying that he was not under the influence of drugs or addicted to drugs.

Hunter Biden’s attorney, Abbe Lowell, said new information was added to the digital version of the form that was sent to the Bureau of Alcohol, Tobacco, Firearms and Explosives after the criminal investigation began. The digital version included information that Hunter Biden had presented his passport and Delaware vehicle registration as identification, which the defense said were not present on the form he signed.

Lowell said the discrepancy calls into question the credibility of the gun store employee and owner, claiming they did not correctly fill out the form and now have a potential bias to cooperate with the government to avoid problems for changing the form. Lowell said the form was “doctored” and said he intended to question the workers about what happened.

Prosecutors argued that the discrepancy was not material.

“The crime was complete at the time he signed the certification,” said prosecutor Derek Hines.

Prosecutors expect up to 12 witnesses to testify, while the defense may call a few, including some experts. The trial is expected to last at least about two weeks.

Some of the issues raised during Friday’s hearing were not resolved, particularly regarding Hunter Biden’s potential testimony, as the judge said she would have to see how the case progressed. His defense lawyers left open the possibility that he could testify in his own defense.