Judge in Hunter Biden gun charges case sets rules for evidence

In a partial victory for Hunter Biden, the judge who oversaw his gun trial said prosecutors are not authorized to refer to his upcoming tax trial in California, his child support case in Arkansas or his discharge from the Navy.

But prosecutors will be able to bring to light Biden’s drug use, parts of his memoir, “Beautiful Things,” and a summary of data from his phone and iPad.

Biden, who is President Joe Biden’s son, and special prosecutor David Weiss attended the pretrial hearing on Friday, ahead of the trial’s scheduled start date of June 3.

Judge Maryellen Noreika also granted the defense’s motion to exclude statements made by Biden at the July 2023 hearing in which a previous plea deal fell through. While Noreika stopped prosecutors from saying the evidence shows Biden led “an extravagant lifestyle,” she said any drug-related activity of his “may be relevant in this case.”

The trial is scheduled to begin June 3 after a federal appeals court denied Hunter Biden’s request to delay it. Prosecutors are expected to call Hunter Biden’s ex-wife, Kathleen Buhle, and his late brother’s widow, Hallie Olivere Biden, to testify.

On Friday, prosecutors also indicated they want to call as a witness an employee who worked at the gun store where Hunter Biden purchased a handgun and filled out an ATF form. Hunter Biden’s attorney, Abbe Lowell, said he wants to call the gun store owner as a witness.

In total, the government will be able to call 12 witnesses and Lowell said there could be 2 to 3 experts for the defense. Both parties agreed with the court to inform potential jurors that the trial could last until June 14.

At different points during the hearing, Hunter Biden leaned back in his chair or looked at Derek Hines, the lead prosecutor on the case. After reviewing certain documents, including a list of potential witnesses, Hines turned them over to the defense team for the first time.

Although some parts of the hearing were tense, including during arguments between the attorneys and the judge over jury instructions, where Hunter Biden and Lowell appeared frustrated and Lowell shook his head, the end of the two-hour case was more joyful when Noreika it happened. logistics.

Later, when Lowell asked if Hunter Biden could participate in any possible side discussions between lawyers and judges near the judge’s bench that might happen during the trial, Lowell indicated that Biden would be allowed to “roam” the courtroom, a freedom not all the defendants have. your court has. Biden laughed.

Biden’s son, 54, was indicted last September on three charges related to possession of a weapon while using narcotics. He pleaded not guilty.

Prosecutors accused Biden of failing to accurately fill out a form indicating he was not using illegal drugs when he purchased a Colt Cobra revolver in October 2018. Prosecutors also alleged he possessed a firearm while using a narcotic.

Biden and first lady Jill Biden are scheduled to travel to Wilmington on Friday afternoon, where he owns a home, while the pretrial hearing is underway, to kick off the holiday weekend.

Biden has faced attacks from the right over his son’s business dealings. The Republican-led impeachment inquiry revealed no evidence implicating Biden in his son’s legal matters and the president has denied any wrongdoing.

The president will be abroad during part of his son’s trial next month, but is expected to closely monitor developments as a concerned father rather than an incumbent seeking re-election, according to three people familiar with the matter. the president’s thoughts.

The president’s aides will monitor the trial, watching for any references to it and deciding whether to respond in real time.

Hunter Biden also faces tax charges in California, and on Wednesday a federal judge granted his request to delay the trial from its original June 20 date until September 5.

Weiss, the U.S. attorney in Delaware and a Trump appointee, led the investigation into Hunter Biden. Attorney General Merrick Garland appointed Weiss as special counsel in August 2023.