WILMINGTON, Del. (NewsNation) — The federal gun trial against President Joe Biden’s son continues Wednesday after an emotional day in court for the Biden family on Tuesday.
Hunter Biden was accused of lying on a federal form when he purchased a .38-caliber Colt Cobra Special in 2018. Hunter Biden falsely said he was not a drug user, despite being addicted to cocaine at the time. He has since pleaded not guilty to all charges against him.
The prosecution will continue Wednesday with the case against Hunter Biden, likely calling his ex-wife Kathleen Buhle to testify. It’s also possible that the prosecution could call Beau Biden’s widow, Hallie Biden, to testify on Wednesday, depending on how quickly prosecutors can move forward.
First witness statement
On Tuesday, prosecutors called FBI agent Erika Jensen to the stand as their first witness. Jensen was assigned to investigate Hunter Biden and specifically looked for evidence and drug abuse.
The prosecution sought to use Jensen’s testimony to present much of the digital evidence in the case, including embarrassing and intensely personal messages and images from Hunter Biden’s laptop.
Jenson summarized the timeline of Hunter Biden’s drug addiction from 2014 to 2019 during his testimony. The prosecution also played audiobook excerpts from Hunter’s memoir detailing his addiction, which were read and recorded by Hunter Biden himself.
Listening to the audiobook recordings had an emotional impact on members of the Biden family. Ashley Biden, the president’s daughter and Hunter Biden’s half-sister, was seen wiping tears from her eyes. First Lady Jill Biden was seen lowering her head a few times during the excerpts, but her face remained unreadable. Hunter Biden kept his hand over his mouth almost the entire time, appearing bothered by the audio being played.
It was also during this testimony that prosecutors presented Hunter Biden’s laptop to the jury. The infamous laptop was left at a Delaware repair shop in 2019, and Jensen testified that authorities were able to verify that it belonged to Hunter Biden using his serial number and other Apple records.
Opening statements of the prosecution
During opening statements on Tuesday, prosecutor Derek Hines emphasized that “no one is above the law, no matter what their name is.” Hines mentioned this at least three times in the first few minutes of the prosecution’s statement.
He meticulously walked the jury through the 4473 gun form that Hunter Biden filled out and allegedly lied, saying there is no system to prevent drug users from obtaining guns other than this “self-check” box on the form.
The prosecutor also described the romantic relationship between Hunter Biden and his late brother’s widow, alleging that he introduced Hallie Biden to crack cocaine and influenced her addiction. Hines shared text messages between the two in which Hunter Biden told her he was meeting with a dealer behind a local supermarket. Hines also pointed to another message in which Hunter Biden claimed he got high and fell asleep.
Hines then explained how, after 11 days of owning the gun, Hallie Biden had concerns about Hunter Biden. She allegedly took his gun, wrapped it in her leather bag (which he used to transport cocaine) and threw it into an open trash can behind a grocery store, Hines said.
It was then found by a man who regularly searched trash cans for recyclable materials, the prosecution argued.
Hunter Biden was reportedly furious when he discovered Hallie Biden had taken his gun and demanded it be recovered, but it had already been found, the indictment continued.
Defense opening statements
Hunter Biden’s defense team’s argument hinges on two claims: that Hunter Biden did not knowingly break the law because he was clean and relapsed when he filled out his gun application, and that gun sellers were eager to sell to Hunter Biden because of who he is, ignoring protocol.
Defense attorney Abbe Lowell argued that the language on the 4473 form was unclear, explaining that it does not ask, “Have you ever used drugs?” Instead, he says, “Are you a drug user?”
Lowell noted that elsewhere on the form, he uses the phrase “Have you?” But on the issue of drugs, specifically, this does not happen.
Regarding text messages between Hunter Biden and Hallie Biden, Lowell urged the jury to pay attention to the dates of text messages about drug use that the indictment will show. He said they would not date shortly before Hunter purchased the gun on Oct. 12, 2018, but rather that they would date shortly after Hunter left a rehab facility in California where he was working to get clean.
Lowell argued that Hunter Biden actually considered himself a non-drug user at that time. After the gun was found and he and Hallie got into a huge fight, the stress of that situation caused Hunter Biden to relapse, Lowell argued.
The defense told the jury that the evidence would show that Hunter Biden acted normally in the few days surrounding the gun purchase and that normal behavior would be impossible if he was addicted and using crack cocaine during that period.
“There are functional alcoholics. There is no such thing as a functional crack addict,” Lowell said.
Lowell highlighted that Hunter Biden never disputed that he had a history of drug use, saying that Hunter Biden, like millions of Americans, has had real struggles with addiction.
Hunter Biden Accusations
Hunter Biden faces three felonies stemming from the purchase of a firearm in 2018, when he was, according to his memoirs, at the height of his crack addiction. He was accused of lying to a federally licensed gun dealer, making a false statement on the app used to screen firearm applicants when he said he was not a drug user, and possessing the gun illegally for 11 days.
He has pleaded not guilty and argued that he is being unfairly targeted by the Justice Department after Republicans condemned a now-defunct plea deal as special treatment for the Democratic president’s son.
The trial comes just days after Donald Trump, the presumptive Republican presidential nominee for 2024, was convicted of 34 crimes in New York City. A jury found the former president guilty of a scheme to cover up a secret payment to a porn star to prevent damage to his 2016 presidential campaign. The two criminal cases are unrelated, but their proximity underscores how the criminal court has taken center stage. of attention during the 2024 campaign.
Hunter Biden also faces a separate trial in California in September on charges of failing to pay $1.4 million in taxes. Both cases were supposed to be resolved through a collapsed plea deal with prosecutors last July, the culmination of a years-long investigation into his dealings.
Rich Johnson of the Associated Press and NewsNation contributed to this report
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