First witness called in Hunter Biden's gun trial

WILMINGTON, Del. (NewsNation) — Opening statements began Tuesday in the federal gun case against President Joe Biden’s son Hunter Biden.

The younger Biden has been accused of lying on a federal form when he bought 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.

First witness testimony

Prosecutors called their first witness, FBI special agent Erika Jensen, to testify. Jensen was assigned to investigate Hunter Biden and specifically looked for evidence and abuse of drugs.

The prosecution hopes to use Jensen's testimony to introduce much of the digital evidence in this case, including embarrassing and intensely personal messages and images from Hunter Biden's laptop.

Prosecution opening statements

Hunter Biden's defense kicked off Tuesday's court session by making some objections to evidence the prosecution wants to introduce.

U.S. District Court Judge Maryellen Noreika took time to sort the matter out. She has previously mostly ruled in favor of the prosecution.

The defense objections were to some specific pictures of Hunter Biden, one in which he’s shirtless with drug paraphernalia. The judge overruled the objection, saying it was allowed. Another image showed Hunter Biden sleeping shirtless, exposing a back tattoo. The judge ruled the prosecution can use the images because they establish the president's son's location, which is relevant to the prosecutor's case.

Hunter Biden's lawyers were allowed to examine prosecutors' excerpts from his books and provide additional context. Still, the judge ruled in five instances that the context Hunter Biden's team wanted to add was irrelevant and hearsay. In three instances, she granted the defense team's requests to add their excerpts from his book.

A short break was allowed within the first few minutes because the defense sent some evidentiary exhibits to the prosecution Tuesday morning, which the defense will use to cross-examine an FBI special agent — the prosecution's first witness.

The 50-minute break was intended for both sides to discuss among themselves to see if they could come to terms on their own without the judge having to rule on it. Attorneys from both sides returned to the courtroom after break, and opening arguments began.

Prosecutor Derek Hines opened by hammering the point that “no one is above the law, no matter what your name is." Hines mentioned it 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 on, saying there isn't a system in place to prevent drug users from getting 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, claiming that he introduced Hallie Biden to crack cocaine and influenced her addiction. Hines shared texts between the two in which Hunter Biden told her he was meeting with a dealer behind a local grocery story. Hines also pointed to another message in which Hunter Biden claimed he'd gotten high and fallen asleep.

Hines then laid out how after 11 days of owning the gun, Hallie Biden had concerns for Hunter Biden. She allegedly took his gun, wrapped it up in his leather pouch (which he used to transport cocaine) and threw it in an open garbage can behind a grocery store, Hines said.

It was then found by a man who regularly looked through garbage cans for recycables, the prosecution argued.

Hunter Biden was then reportedly angry when he found out Hallie Biden had taken his gun and demanded they retrieve, but it had already been found, the prosecution continued.

Defense opening statements

Hunter Biden's defense team's argument hinges on two claims: Hunter Biden didn't knowingly break the law because he was clean and in between relapses when he filled out the gun application and the gun sellers were eager to sell to Hunter Biden because of who he is, overlooking protocol.

Defense attorney Abbe Lowell argued that the 4473 form's language wasn't clear, explaining that it doesn't ask, "Have you ever used drugs." Rather, it says, "Are you a drug user."

Lowell noted that in other places on the form, it does use the phrase, "Have you ever." But on the drug question, it specifically does not.

Regarding the text messages between Hunter Biden and Hallie Biden, Lowell urged the jury to pay attention to the dates of the text messages about drug use that the prosecution will show. He said that they won’t be dated just before Hunter bought the gun on Oct 12, 2018. He said they would be dated shortly after Hunter left a rehab facility in California, where he was working on getting clean.

Lowell argued in good faith that Hunter Biden truly considered himself not to be a drug user at that moment. After the gun was found, and he and Hallie got into a big fight, the stress of that situation caused Hunter Biden to relapse, Lowell argued.

The defense told the jury that the evidence would show Hunter Biden was acting normally in the few days around his gun purchase, and that normal behavior is impossible had he been addicted to and using crack during that period.

“There are functioning alcoholics. There’s no such thing as a functioning crack addict,” Lowell said.

It was highlighted by Lowell that Hunter Biden never disputed that he had a history of drug use, saying Hunter Biden, like millions of Americans, had real struggles with addiction.

Another point Lowell pushed hard on was Hunter Biden's lifelong trauma from the childhood car accident that killed his baby sister and biological mother. He had also suffered physical injuries from that crash. Plus, losing his brother, Beau Biden, fueled trauma that manifested in drug addiction, Lowell stated.

The defense also placed the blame on Hallie Biden, saying it was she who took the gun out of the blue lock box in Hunter Biden's car 10 days after his purchase. Lowell also aimed at authorities who tested the pouch, saying that although they found cocaine residue, they did not test for fingerprints which begs the question of who handled the pouch and when.

"The evidence of the pouch will tell you nothing about the charge,” Lowell said.

He insisted that Hunter Biden was not on drugs at the time of the gun's purchase, nor in the days following.

Hunter Biden trial: Jury selection

A jury was seated Monday after prospective panelists were questioned about their thoughts on gun rights and drug addiction while the first lady watched from the front row of the courtroom. The jurors — six men and six women plus four women serving as alternates — were instructed by Noreika not to talk or read about the case.

It is the first time a sitting president’s child has been prosecuted by that same president’s Justice Department.

President Joe Biden said Monday that as president he wouldn’t comment on the criminal trial but as a dad he has “boundless love for my son, confidence in him, and respect for his strength.”

“I am the President, but I am also a Dad. Jill and I love our son, and we are so proud of the man he is today. Hunter’s resilience in the face of adversity and the strength he has brought to his recovery are inspiring to us. A lot of families have loved ones who have overcome addiction and know what we mean. As the President, I don’t and won’t comment on pending federal cases, but as a Dad, I have boundless love for my son, confidence in him, and respect for his strength. Our family has been through a lot together, and Jill and I are going to continue to be there for Hunter and our family with our love and support.”

PRESIDENT JOE BIDEN

Hunter Biden charges

Hunter Biden faces three felonies stemming from a 2018 firearm purchase when he was, according to his memoir, in the throes of a crack addiction. He has been accused of lying to a federally licensed gun dealer, making a false claim on the application used to screen firearms applicants when he said he was not a drug user, and illegally having the gun for 11 days.

He has pleaded not guilty and has argued he’s being unfairly targeted by the Justice Department after Republicans decried a now-defunct plea deal as special treatment for the Democratic president’s son.

The trial comes just days after Donald Trump, Republicans’ presumptive 2024 presidential nominee, was convicted of 34 felonies in New York City. A jury found the former president guilty of a scheme to cover up a hush money payment to a porn actor to fend off damage to his 2016 presidential campaign. The two criminal cases are unrelated, but their proximity underscores how the criminal courtroom has taken center stage during the 2024 campaign.

Hunter Biden is also facing a separate trial in California in September on charges of failing to pay $1.4 million in taxes. Both cases were to have been resolved through a deal with prosecutors last July, the culmination of a yearslong investigation into his business dealings.

Hunter Biden trial begins

The trial begins nearly one year after Noreika raised concerns about that plea agreement that would have spared Hunter Biden any prison time.

Lead prosecutor David Weiss has said “political considerations” played no part in the investigation. He told lawmakers behind closed doors last year that no one at the Justice Department prevented him from pursuing charges.

If Hunter Biden were to be convicted, he could face up to 25 years in prison, though first-time offenders typically do not get anywhere near the maximum and it’s unclear whether the judge would give him time behind bars.

This is a developing story, please check back for more updates.

The Associated Press and NewsNation's Rich Johnson contributed to this report