Tipsheet

LIVE: Day 6 of Hunter Biden's Gun Trial

Mia Cathell
Mia Cathell  |  June 10, 2024 7:45 AM

This is a live post — updates will be posted below.

WILMINGTON, Delaware — Of all of the exhibits admitted thus far in the Hunter Biden gun trial, the most incriminating were provided by the defendant himself, albeit unwittingly. See the evidence for yourself, as closing arguments are nearing:

Day 5 of the trial ended early, abruptly, and disastrously for the defense. Hunter's eldest daughter, Naomi Biden, who testified in her crackhead father's defense, left the courtroom crying and the Biden camp unusually quiet. Hunter's uncle and President Joe Biden's brother, James "Jimmy" Biden, was also supposed to take the stand Friday in support of the first son, but the defense announced unexpectedly that was no longer happening without explaining the reason behind the last-minute cancelation.

Hunter's defense attorney Abbe Lowell said his legal team is "down to that last decision," signaling that they're spending the long weekend debating whether Hunter will answer questions under oath about his "crack-fueled...odyssey" and "around-the-clock use of crack" — "doing nothing but drinking and drugging," as he admitted in his memoir.

In the event he testifies, Hunter's testimony could earn pity points from a sympathetic jury since several jurors have personal ties to struggling with drug or alcohol abuse.

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However, he would be subject to intense cross-examination likely harping on his own admissions of drug addiction as well as his sordid sexcapades with a handful of women who had testified against him, including his late brother Beau Biden's widow, Hallie Biden, whom he introduced to crack cocaine, and ex-stripper Zoe Kestan a.k.a. "Weed Slut 420," who was close in age to one of his daughters at the time the two were shacking up and bathing together at high-end hotels.

Legal experts are reportedly advising against Hunter speaking for himself, a risky bet that could torpedo his already-nuked case.

At the outset of trial, two of the defense's witnesses weren't qualified as experts, which would have allowed them to offer opinions supporting Hunter's side of the story.

First, Dr. Joshua Lee, a clinical researcher focused on addiction in "criminal justice populations," was set to opine on Hunter's "state of denial" about his drug abuse, but he was no longer available due to an "unavoidable scheduling conflict." As a backup, Dr. Elie Aoun was supposed to serve in his place. However, Judge Maryellen Noreika, who's presiding over the proceedings, ruled that Aoun offered "no actual opinions" and "no bases for any opinions." Aoun was lined up to talk generally about how addicts view themselves and often create an "atmosphere of distrust." Noreika questioned how these topics would be specifically applied to Hunter.

Meanwhile, Noreika still had reservations about Dr. Michael Coyer, a forensic toxicologist there to dispute the findings of Dr. Jason Brewer, a chemist who testified that traces of cocaine were discovered on Hunter's leather-brown pouch discarded with the gun in question. Although the judge was "concerned with the sufficiency" of the defense's disclosure relating to Coyer's opinions, Noreika said the witness can be heard outside of the jury's presence at the end of one of the trial days to determine whether he can testify as an expert.

LIVE UPDATES:

8:25 a.m. — welcome to day six, week two in Wilmington. The prosecution and defense are debating jury instructions and the verdict form. 

The defense's Abbe Lowell is asking that "knowingly" be added to the verdict form, stipulating that the jury has to find that Hunter intentionally deceived a federally licensed firearms dealer in order to illegally obtain the gun at issue. 

The prosecution, on the other hand, wants the verdict form to simply follow what's stated in the statutes that preclude the word "knowingly" even though the jury instructions do mention it.

Judge Maryellen Noreika decides to go with the government's standard (the statute) and sides with the prosecution.

8:46 a.m. — the attorneys are having a sidebar but it's unclear which issue they're discussing. James Biden is seated in the gallery — if he were testifying today he'd be in the witness room instead. Hunter is noticeably missing from the defense table, heightening anticipation over whether he's taking the stand. 

9:15 a.m. — another attorney sidebar taking place and Hunter has joined his legal team at the defense table. His family is now packed like sardines in the front row of the gallery: First Lady Jill Biden, Hunter's current wife Melissa Cohen Biden, his aunt Valerie Biden Owens, and his half-sister Ashley Biden are among those in attendance.

Hunter is furiously writing something, stooped over in a pondering pose. He stands up and exchanges a few words with First Lady Jill Biden. 

We may see the second coming of Christ before this sidebar ever ends. We're witnessing a Guinness World Record for the longest sidebar in human history.

9:56 a.m. — Hunter approaches the bench, joining the sidebar. We still don't know what it's about. 

9:59 a.m. — at last, this is wrapping up. Hopefully. Judge Noreika gives the parties a few minutes to prepare before bringing in the jury. Hunter is not testifying. Several of those in the gallery to support Hunter appear to be praying.

10:25 a.m. — still no movement. The overflow room is currently in the dark about what's going on. Hunter Biden could be fleeing in a white Ford Bronco Ford Raptor right now for all we know. 

10:30 a.m. — the defense rests its case but there's more to come, apparently. 

10:32 a.m. — FBI Special Agent Erika Jensen is back on the witness stand?! She must have been recalled while the overflow room wasn't receiving transmission from the courtroom. 

Jensen is now being asked by the prosecution about location data and whether Hunter visited the 7-Eleven off of Lancaster Avenue. 

We're going through texts again between Hunter and presumed drug dealers. "Can you meet me at 7/11 now?" one of Hunter's messages to "Junior" from October 10, 2018 says. 

"It’s Q. I’m at 7-11 now," another party texted Hunter on October 11. "Meet me at 7/11 at 3,” Hunter wrote back. 

The defense has repeatedly disputed that Hunter was being truthful in his texts to Hallie Biden saying he was at this 7-Eleven with "Bernard." 

The prosecution presents an excerpt from Hunter's memoir detailing his arrangements for drug pickups including meeting at a "7-Eleven on such-and-such street."

10:42 a.m. — the defense is now cross-examining Jensen. Lowell says that Hunter was heading to Philadelphia on October 11, 2018, to meet his daughter Finnegan. Jensen confirms. Lowell focuses on the names "Junior" and "Q" not matching the previously mentioned "Bernard" and "Mookie." 

10:51 a.m. — we have another sidebar. 

11:00 a.m. — Judge Noreika announces she'll be reading the substantive jury instructions aloud now and closing arguments will take place after a brief lunch. 

11:24 a.m. — the court breaks after Noreika reads passages from the jury instructions. 

12:05 p.m. — the prosecution launches its closing arguments, led by federal prosecutor Leo Wise. He breaks down the elements of each charge that jurors must find the prosecution proved beyond a reasonable doubt. Wise says whether Hunter provided supplemental identification in addition to his passport — which lacked an address and meant it was not sufficient on its own — is "irrelevant." 

The defense tried to suggest that the federal firearm form Hunter filled out was tampered with since there was a discrepancy including the vehicle registration information, allegedly added after the fact. 

Wise defines "knowingly" as an intentional act not done by accident, mistake, or innocent means. The prosecutor cites Hunter's repeated cycle of rehab and relapse as well as his four years of "active addiction" from 2015 to 2019. 

Wise reminds the jury that the prosecution doesn't have to prove that Hunter did drugs at the precise time he purchased the gun. There is no requirement that the jury determine Hunter used drugs in the days before or after. Rather, Hunter's drug use only had to occur "recently enough" showing a "pattern" that he "actively engaged" in this illicit conduct. That's why the prosecution presented evidence of his drug addition over a prolonged period, Wise says. 

The prosecution defines an "addict" as someone who is so far addicted to a controlled substance that they've "lost the power of self-control." Wise says Hunter was "habitually" using and sought treatment because he lost self-control.

Wise mentions Hunter's memoir and text messages containing his own admissions of drug addition and usage. He says the latter would have been enough to convict. 

Hunter is looking around and scratching his head.

Wise recaps the testimonies of the prosecution's star witnesses: Kathleen Buhle, Hunter's ex-wife who witnessed his drug use as early as 2015; Zoe Kestan, Hunter's "companion" on his California odyssey who saw him smoke crack as often as "every 20 minutes" and while he was reentering rehab; and Hallie Biden, the widow of Beau Biden, who testified she found "remnants of crack cocaine" in the interior of his truck where Hunter stored his firearm on October 23, 2018.

The prosecution says that according to Kestan, Hunter was smoking crack again after his stay at luxury rehab center "The View" in California, and no sober companion was living with him by the time she rejoined him, Wise reminds. 

Wise notes Hunter admitted this failed attempt at sobriety with a "searingly honest" account, referring to Hunter's memoir. The prosecution brings up the 7-Eleven meeting messages Hunter sent in the days leading up to his purchase of the firearm in question. 

The prosecution advises jurors to "use your common sense" and connect the dots presented during the trial. "The evidence was personal, it was ugly, it was overwhelming," Wise says. "It was also absolutely necessary."

Wise presents a visual depiction of Hunter's "drug messages" in 2018 and compares it to his "meeting messages," "addiction messages," and instances of drugs and related paraphernalia found in Hunter's car. 

None of the $150,000 in cash withdrawals made by Hunter around this time were used to pay for his detox treatment at "The View," which was paid for in August, Wise notes. 

"The defendant was not charged with being an addict," Wise reminds the jury. While addiction is not a choice, he continues, buying a firearm is.

1:07 p.m. — the defense is now beginning its closing argument. "With this very high burden, it's time to end this case," Abbe Lowell states. 

He argues that Hunter admitting to his addiction in hindsight is not the same as him acknowledging it at the time he bought the firearm. Hunter's memoir was not a diary, Lowell insists. 

Lowell compares the prosecution's case to "a magician's trick" in which the sleight of hand happens in one hand while the other one is the distraction. The prosecution has "blurred" the timeline of events, condensing it like "an accordion" and "shrinking it all down," Lowell continues. 

1:20 p.m. — the prosecution asks for a sidebar after Lowell raises the sober companion.

1:23 p.m. — Lowell resumes his closing arguments. He shows a selfie Kestan took at a hotel. There's no Hunter present, he notes before showing another photo of Hunter smoking what looks like a cigarette. No bongs or crack pipes, Lowell emphasizes in an attempt to question Kestan's credibility. "The lack of photos can speak louder than words spoken by her under an immunity deal," says Lowell. 

Pivoting to "poor" Hallie Biden, Lowell says she could not recall fine details when pressed but could remember what the prosecution asked her. 

As for his 7-Eleven drug dealers, Lowell says it's all "inferences" the prosecution wants the jurors to make. "He wasn't thinking that five years later he'd be sitting in a courtroom having to prove that that was the way they [Hunter and Hallie] talked to each other," Lowell adds. 

Speaking about Hunter's brown leather pouch, Lowell says nothing substantive can be said about it. You don't know when that cocaine residue was put there, who put it there, and how long it's been there. "Again, watch this hand, pay no attention to that one," Lowell quips before moving on to discuss DEA Agent Joshua Romig deciphering the drug lingo from the case. 

Lowell says that the exorbitant amount of cash taken out of Hunter's accounts can be easily explained by transactions other than to purchase drugs. 

Proof beyond a reasonable doubt does not involve "suspicion" or "conjecture," Lowell instructs the jury. Again, he argues that talk of Hunter's relapse and sobriety could've referred to Hunter's alcohol addiction, and projects images of invoices documenting Hunter's alcohol purchases in 2018. 

Lowell says Hunter was at the AT&T Store located at the same shopping center as the StarQuest Shooters and Survival Supply where he purchased the firearm, suggesting he did not set out with the intention of buying it, accessories, and ammunition. Hunter did not know about guns, ammunition, loaders, and the like, Lowell claims. Hunter was just killing time, he argues. 

The defense recites questions on the ATF background check form and focuses on differences in phrasing between "Have you ever...?" and "Are you...?" Lowell also notes how the other questions are accompanied by a provision explaining the terms, but the question about drug use or addiction is not. 

"There's no evidence — none — that the gun was ever loaded," Lowell says, nor was it ever taken out of the blue Colt lockbox in which the firearm left the store where Hunter purchased it. "They fill in the gaps when they don't have proof," Lowell alleges of the prosecution. 

On October 23, 2018, Hallie did "something incredibly stupid," Lowell continues, rehashing how she dumped the firearm in a public trash can outside a grocery store near a school. Yet, Hunter instructed her to alert someone to call the police, adds Lowell. Hunter was the victim of a firearm theft at this point, Lowell asserts, and opted not to press charges. 

Lowell says the prosecution "spent hours, I mean literally hours, recounting Hunter Biden's terrible journey with alcohol and drug use." The most "unfair" thing the prosecution did was use Hunter's own words against him, Lowell continues. In the context of an Alcoholics Anonymous meeting, his confessions sound like a step toward recovery, an acknowledgment of "this is what I had been," the defense insists. 

Lowell lists the range of treatment Hunter sought from "The View" in California to outpatient services at UPenn. 

At one point during the defense's closing, Hunter wipes a tear away. Ashley Biden is visibly sobbing, dabbing her eyes with a tissue. 

Lowell says the constitutional right to a fair trial is "at stake in this case," reminding the jury of Hunter's presumed innocence, that the burden of proof is always on the prosecution, and that the indictment is "not evidence of anything" but merely an accusation. 

The defense says Biden deserves equal protection under the law regardless of his famous surname and who his father is. "Reasonable doubt equals not guilty," Lowell tells the jury before citing the "facetious" texts Hunter sent Hallie about "Bernard," "Mookie," and smoking crack on a car. 

Lowell says the prosecution tried to "embarrass" Hunter by asking Kestan her age. He also accused prosecutors of "plug[ging] gaping holes" in their case. The defense reiterates the court's instruction on the credibility of witnesses granted immunity deals, advising that their testimony should be heard with "care" and caution. 

"The prosecution may think they have the last word," Lowell tells the jury. "That's not true — you have the last word," he instructs, seeking at least one juror to point out any inconsistencies in the prosecution's case in concluding his closing.

2:36 p.m. — we're now headed for a 15-minute break before the prosecution has its rebuttal. 

2:55 p.m. — Wise's co-counsel Derek Hines is providing the government's rebuttal. He says the prosecution didn't manipulate Hunter's words. Hunter chose to publish his words in a memoir and narrate the audiobook version, which the prosecution played an hour of on the second day of the trial. Hines jokes that they could play more excerpts for the court. 

In response to Lowell saying it was "extraordinarly cruel" to call Hallie Biden as a witness, Hines says what was more cruel was asking Hunter's daughter to testify in his defense. The court saw how "uncomfortable" and "in anguish" she was, Hines emphasizes. "Who called the defendant's daughter as a witness? Not us," says Hines. 

The prosecution says the defense wants the jury to place a "myopic focus" on the addiction, but the "pattern" of addiction is probative of looking at the bigger picture. Hines says the absence of a photograph on a given day does not mean Kestan's testimony is false, rebutting another point made by Lowell. 

Hines notes that the employee who sold Hunter the firearm at issue works as a trash collector during the day and at the gun shop at night, yet he had to explain to a Yale-educated attorney what an unlawful user or addict of a controlled substance is. 

He also pushed back on the defense's claim that Kestan's credibility is undermined by her immunity agreement with the government. "It is not a license to lie; it is an agreement to tell the truth," Hines says. Lying under oath could bring criminal charges against her, he adds. 

"There is overwhelming evidence in this case of the defendant's guilt," Hines says of Hunter. If the evidence does not establish that Hunter is a crack addict or a user, "then no one is a crack addict or a user."

3:20 p.m. — Judge Noreika is now continuing to read the jury instructions. 

3:32 p.m. — the jury's deliberations are beginning. Alternates are told to stick around just in case. 

4:32 p.m. — we've wrapped up for the day. Jury deliberations continue Tuesday at 9 a.m.