Hunter Biden trial replay: First witness testifies; prosecutors focus on messages about drugs
WILMINGTON, Del. – The first witness in Hunter Biden's felony gun trial started her testimony on Tuesday, kicking off the presentation of evidence in the historic case featuring the first criminal charges against a president’s child.
Special Agent Erika Jensen testified about messages and other data from Hunter Biden's now-infamous laptop, which has sparked years of controversy. Prosecutors also addressed messages and images that appeared to show Hunter Biden buying and talking about using drugs.
Hunter Biden faces three felonies over whether he lied on a federal gun form in 2018 that asked if he was addicted to drugs. On Monday, a jury of 12 was seated in the federal courthouse in Wilmington.
Biden’s relatives – his wife, sister and first lady Jill Biden – attended jury selection Monday and the opening arguments that his lawyers and prosecutors presented on Tuesday.
Justice Department special counsel David Weiss’ team began by laying out the case against Biden and saying “no one is above the law.” Defense lawyers followed later in the morning, alleging that Hunter Biden didn’t knowingly lie when he filled out a form in October 2018 denying he used illegal drugs as he purchased a gun.
Catch up with live updates from USA TODAY Network.
Hunter Biden trial wraps up for the day
Proceedings in Hunter Biden's trial have adjourned for the day. Both sides of the case will continue questioning witnesses on Wednesday.
– Xerxes Wilson
Abbe Lowell begins FBI agent’s cross examination:
Prosecutors spent the second half of Tuesday with Special Agent Erika Jensen on the witness stand. They used her testimony to introduce a raft of text messages they say evidence drug use as well as excerpt’s of Hunter Biden’s memoir.
The evidence included photos from Hunter Biden’s phone backup they say depict drugs.
Late into Tuesday, Abbe Lowell, Hunter Biden’s defense attorney began his cross examination of Jensen.
In it, he questioned her about the relative paucity of text messages from October 2018, the month the gun was purchased, that actually reference drug use. Jensen also said there may have been times between 2015 and 2019 when Hunter Biden was not using drugs.
Lowell's cross examination will take the trial though its 4:30 p.m. adjournment and will continue Wednesday morning.
– Xerxes Wilson
FBI agent says Hunter Biden was using drugs days after buying gun
Erika Jensen testified Tuesday that Hunter Biden texted that he was using crack in the days after he purchased the gun in question in his felony case.
– Marina Pitofsky
Gun form at the center of Hunter Biden case entered
During the testimony of FBI Agent Erika Jensen, prosecutors entered the federal firearms form central to the trial into evidence.
Prosecutors claim Hunter Biden lied about his drug use on the form, which is the root of two of his felony gun charges. Jensen’s testimony has also been used to introduce a raft of text messages referencing drug use, bank records showing cash withdrawals and excerpts from Hunter Biden’s memoir.
– Xerxes Wilson
Prosecutors cite 75 pages of text messages related to drug use, gun purchase
Jenson said Tuesday that there were 18,000 pages of messages, photos and videos contained in data that officials received from a phone, tablet and laptop in the case. but just 75 pages of that contain messages relevant to the felony charges Hunter Biden faces in Delaware.
Some of the messages appear to be organizing meetups with people selling drugs.
– Marina Pitofsky
Text messages show Hunter Biden trying to buy drugs
Jenson testified on Tuesday that Hunter Biden's laptop contained messages from 2018 about using drugs. WhatsApp messages recovered from Hunter Biden's iCloud account appear to show him arranging drugs to be delivered.
– Marina Pitofsky
Prosecutors show jury Hunter Biden laptop
Prosecutors in Hunter Biden's felony gun trial showed the jury the infamous laptop that has been a point of controversy since October 2020, weeks before the presidential election, when Donald Trump's former lawyer Rudy Giuliani turned it over to police and the New York Post.
The laptop eventually led to aggressive House investigations into President Joe Biden. But its more salacious contents, including explicit photos and videos of Hunter Biden, have continuously stoked the fire of controversy.
John Paul Mac Isaac, the owner of The Mac Shop in Wilmington, Delaware, said a man identifying himself as Hunter Biden brought in three liquid-damaged laptops in April 2019.
One laptop was left behind, and Mac Isaac said at the time he shared the device with Robert Costello, Rudy Giuliani's lawyer who also testified at Trump's hush money trial, because he believed it would make him safer.
– Kinsey Crowley and Xerxes Wilson
FBI agent testimony delves into Hunter Biden messages
After playing more than one hour of audio excerpts of Hunter Biden’s 2021 memoir, FBI agent Erika Jensen is now discussing text messages and emails sent to and from Hunter Biden.
Jensen told the jury that some of the communications were derived from hard drive backups directly from Apple. Others were derived from the hard drive of the laptop computer repairman John Paul Mac Issac said was abandoned at his shop in Wilmington.
Jensen testified the subpoenaed data that includes WhatsApp messages, text messages and other data evidencing his drug use.
– Xerxes Wilson
Hunter Biden trial resumes
Hunter Biden's felony gun trial resumed at about 2 p.m. ET, and FBI special agent Erika Jensen returned to the stand. She's telling prosecutors and the jury about investigators confirming Hunter Biden's drug use that he described in his memoir.
– Marina Pitofsky
Can Joe Biden pardon Hunter Biden?
There's no rule that a president can't pardon a loved one. But if Hunter Biden is convicted on federal charges, it's not likely that his father would use his office to take action.
The White House last year ruled out President Joe Biden using his presidential authority to pardon his son. The president has given no indication that he planned to pardon Hunter Biden, but that hasn't stopped some critics from suggesting he might.
– Marina Pitofsky and Joey Garrison
Will Hunter Biden's daughters be at the trial?
Hunter Biden's children were not in attendance at the trial on Monday. Hunter Biden and Melissa Cohen Biden have a 4-year-old son, Beau Biden, and he and his ex-wife, Kathleen Buhle, have three adult daughters: Naomi Biden, Finnegan Biden and Maisy Biden.
Lunden Roberts, the mother of Hunter Biden's youngest daughter, is expected to provide testimony in the case. It's not clear if she would bring their 5-year-old daughter, Navy Joan Roberts, to the courthouse.
– Marina Pitofsky
What happened to Hunter Biden’s plea deal?
Justice Department special counsel David Weiss secured two indictments for gun and tax charges against Hunter Biden after U.S. District Judge Maryellen Noreika rejected a plea agreement in July that aimed to resolve the investigation.
Weiss, as U.S. attorney in Delaware, had investigated Biden for years. Biden agreed to plead guilty to two misdemeanors for nonpayment of taxes in 2017 and 2018, and to enter a pretrial program on a gun charge.
Biden potentially could have stayed out of jail under the agreement, which congressional Republicans slammed as a sweetheart deal. But Noreika questioned prosecutors and defense lawyers about whether the deal would protect Biden from future charges and the judge refused to “rubber-stamp” the agreement.
The collapse of the plea deal led to Biden’s indictment on three felony gun charges in Delaware, in a trial that started Monday, and nine tax charges in California, in a trial set for Sept. 5.
– Bart Jansen
How long is the trial expected to last?
Hunter Biden's trial on federal gun charges in the family's hometown of Wilmington, Delaware, could last more than two weeks.
Federal prosecutors have said in court filings they will present photos, testimony and messages to show that Hunter Biden was an illegal drug user around the time he bought the gun and failed to disclose that as required on a federal gun purchase form.
Prosecutors also said they may use details gleaned from his phone, iCloud account and the infamous laptop that he allegedly abandoned at a repair store, including photos of Hunter Biden smoking crack and texts arranging meetings with illegal drug dealers.
– Reuters
Trial's key moment: Was Hunter Biden sober on Oct. 12, 2018?
A large part of Hunter Biden’s trial will boil down to a single day in October 2018, when he bought a .38 Special revolver at a Delaware gun store and checked “No” on a federal gun form that asked about drug addiction or drug use.
The federal drug form asked: “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?”
“At issue here is Mr. Biden’s understanding of the question,” his lawyer Abbe Lowell recently wrote the court. “Someone like Mr. Biden, who had just completed an 11-day rehabilitation program and lived with a sober companion after that, could surely believe he was not a present tense user or addict.”
Some drug treatment experts told USA TODAY they wouldn’t consider a patient cured of addiction after 11 days of treatment. But they said a person who had just completed treatment might consider themselves sober.
More: Hunter Biden trial: Why his gun case hinges on one fateful day when he wasn't using drugs
Hallie Biden, Lunden Roberts and Kathleen Buhle could testify
Prosecutors have said they'll call about a dozen witnesses as they make their case against Hunter Biden during the trial, according to multiple reports.
Those may include Hunter Biden's ex wife, Kathleen Buhle, as well as the mother of his youngest daughter, Lunden Roberts. Hallie Biden, the widow of Beau Biden, is also expected to testify. She and Hunter Biden were in a relationship following Beau Biden's death.
– Marina Pitofsky
Hunter Biden’s uncle, James Biden, will be a defense witness
Hunter Biden’s uncle, James Biden, will be a defense witness at his nephew’s trial on federal gun charges.
James Biden, who is President Joe Biden’s brother, has helped his nephew pay for rehabilitation and therapy to deal with his addiction to drugs, according to the defense.
The appearance threatens to attract more political attention to the trial. House Republicans have investigated Hunter and James Biden to see whether their foreign business deals benefited President Biden.
Hunter and James Biden have denied wrongdoing and the White House described the inquiries as baseless. A key witness has been charged with lying to the FBI.
– Swapna Venugopal Ramaswamy
Could Hunter Biden go to prison?
The charges carry a maximum penalty of 25 years in prison, though Biden is likely to get a shorter sentence if convicted. It is atypical for defendants to get a maximum sentence when they are first-time offenders like Biden.
– Xerxes Wilson
Court breaks for lunch
Proceedings paused for a lunch break and will continue at about 2 p.m. ET.
– Marina Pitofsky
Who is Kevin Morris?
Kevin Morris is an entertainment lawyer and author who provided the president’s son nearly $5 million in loans to help pay his debts and living expenses. He was part of Hunter Biden's entourage present in court Monday.
Three House committees questioned Morris while they investigated Hunter Biden’s finances for possible influence on his father’s presidential administration earlier this year.
Morris told lawmakers he is not a registered lobbyist, he has no ulterior motive, and there is no corruption involved in their relationship.
“He’s my client,” Morris said. “And he’s my very good friend.”
– Rachel Barber
Jury hears excerpts from Hunter Biden's memoir
Hunter Biden isn't taking the stand today, but the jury in Delaware is still hearing his voice. The jury is now listening to a series of excerpts from Hunter Biden’s memoir “Beautiful Things.” Passages from the book are displayed on a large screen in the courtroom as prosecutors play a narration of the book by Hunter Biden.
– Xerxes Wilson
What did Hunter Biden do?
The president's son faces three firearms felonies in the case that kicked off on Monday.
In October 2018, Hunter Biden walked into a gun shop north of Wilmington, Delaware and purchased a revolver. People who purchase firearms are required to fill out a standardized form that asks whether they are an unlawful user or are addicted to controlled substances, narcotics and other listed substances. Biden is accused of answering "no" to that question on the form.
But Biden has been open about his longtime struggles with crack cocaine addiction. He's written about it in his book and discussed it during a court hearing last year, stating he's been sober since 2019.
– Xerxes Wilson
FBI agent takes the stand as first witness
Prosecutors called their first witness on Tuesday, questioning FBI special agent Erika Jensen. She's expected to discuss the investigation into Hunter Biden, including messages he exchanged in 2018, bank statements and other evidence.
– Xerxes Wilson and Marina Pitofsky
Hunter Biden’s cash withdrawals for lack of credit card, not for drugs: defense
Prosecutors argued that Hunter Biden routinely withdrew large amounts of case, including $5,000 the day he bought a gun in October 2018.
But rather than paying for drugs, the president’s son didn’t have a credit card and was paying thousands for drug recovery programs, according to defense lawyer Abbe Lowell.
“He withdrew cash for lots of things, which are the opposite of buying drugs,” Lowell said. Biden spent “thousands and thousands” on recovery and rehab around that time, Lowell said.
– Xerxes Wilson
Hunter Biden’s defense disputes timing of drug abuse
Prosecutors and defense lawyers at Hunter Biden’s trial disagreed about when he was using illegal drugs – and whether the timeline affects the gun charges against him.
Prosecutors said his drug abuse occurred before, during and after buying the gun in October 2018. Biden is charged with lying on a federal form and to the gun dealer about his drug abuse, which he chronicled in a 2021 memoir.
But his lawyer, Abbe Lowell, disputed the timing of his drug use. The federal form asked whether a person “is” using drugs rather than “have you ever been,” Lowell said.
“Hunter was not using when he bought the gun,” Lowell said. “When the form wants to ask someone ‘have you ever done something,’ the form knows how to do that.”
– Xerxes Wilson
Gun shop cut corners to sell Hunter Biden a gun: defense
The gun shop that sold Hunter Biden the pistol at issue in his federal trial didn’t receive verification of his address, as they are legally required to do, according to defense lawyer Abbe Lowell.
“A sale is a sale and that was their goal that day,” Lowell said. “You will hear they wanted it done quickly.”
Biden’s defense is arguing he didn’t knowingly lie when he filled out the form in October 2018 denying he used illegal drugs because he had recently completed a rehabilitation program.
Lowell argued that the form defined terms such as fugitive, but not portions asking about drug use. He implored jurors to listen to testimony from the gun dealer, to determine whether they knew what the drug-related terms meant.
– Xerxes Wilson
Prosecutors can’t prove Hunter Biden believed he was addicted: defense
Abbe Lowell, one of Hunter Biden’s defense lawyers, emphatically told jurors that prosecutors can’t prove he knowingly lied on the gun form at the heart of the trial on federal gun charges against the president’s son.
Pounding the lectern, Lowell said nobody will dispute that Hunter Biden struggled with drug use.
But Lowell emphasized that much of the evidence prosecutors outlined deals with episodes well before or after the gun purchase in October 2018. Biden is charged with lying on a federal form, lying to the gun dealer and then possessing the gun for 11 days, all while addicted to unlawful drugs.
Lowell noted Hunter Biden had been in rehabilitation in California months before buying the gun. He emphasized that prosecutors can’t prove at the time he bought the gun, that he believed himself to be addicted or an unlawful user of drugs.
– Xerxes Wilson
Hallie Biden granted immunity to testify about Hunter Biden’s drug use
A prosecutor told jurors that Hallie Biden, the widow of Hunter Biden’s brother, would testify about his drug use and her own, under a grant of immunity.
Hallie Biden was married to Beau Biden, who died in 2015. She was then in a relationship with Hunter Biden after Beau Biden's death.
Prosecutor Derek Hines said she had become a drug user at the time as well but ceased using months before October 2018, when Hunter Biden purchased the gun at issue in his federal trial. Hallie Biden is the one who threw the gun at issue in the trial into a grocery store trash can.
Hines said prosecutors will also call Zoe Kestan, Hunter Biden’s former girlfriend, to discuss his frequent use of crack cocaine. She is also testifying with a grant of immunity.
“The agreement they have requires them to tell the truth noting more nothing less,” he said.
– Xerxes Wilson
Gun dealer unaware that Hunter Biden used drugs: prosecutor
A prosecutor said the Delaware gun dealer who sold Hunter Biden a .38-caliber revolver in 2018 will testify that he watched the president’s son fill out a from stating he was not an unlawful drug user or addicted to controlled substances.
Prosecutor Derek Hines said the dealer, Gordon Cleveland, will testify that he didn’t know Biden used drugs. The defense is expected to argue that Biden considered himself sober at the time he bought the gun, after completing a stint in rehabilitation.
“What Mr. Cleveland didn’t know was that Mr. Biden was an unlawful user and he lied,” Hines said.
– Xerxes Wilson
What was Hunter Biden’s relationship with his brother's widow?
Hallie Biden is the widow of the president’s other son, Beau, and a key witness prosecutors have indicated they plan to call during the trial.
Two years after Beau died of brain cancer in 2015, she became romantically involved with Hunter, prompting a tabloid media frenzy. The two split in 2019.
– Rachel Barber
One juror dropped from Hunter Biden trial
A juror dropped out the day after being selected for Hunter Biden’s federal trial on gun charges because she didn’t have transportation from southern Delaware to the Wilmington courthouse, U.S. District Judge Maryellen Noreika said Tuesday.
Twelve jurors – six men and six women – had been chosen Monday, along with four women alternates.
Noreika said one of the jurors had been “lost” before the start of opening arguments Tuesday because she begged to be dismissed for living an hour away and not having a car, job or money for parking.
– Bart Jansen
‘No one is above the law’: Hunter Biden prosecutor tells jury
The prosecution in Hunter Biden’s trial on gun charges told the jury Tuesday the reason the president’s son was in the courtroom was because of choices he made.
"No one is above the law, it doesn’t matter who you are or what your name is," special prosecutor Derek Hines told the jury.
"Each day in courtrooms like this one, defendants from all walks of life are tried because of the choices they make, not the people they are,” Hines added. “Choices they made to break the law. This case is no different."
– Xerxes Wilson
Who is Melissa Cohen Biden?
Hunter Biden is currently married to Melissa Cohen, a 38-year-old South African filmmaker. Within a week of meeting her in May 2019, he proposed.
The Biden family was not at the wedding, but he told The New Yorker of his father's support for the marriage.
In 2019 they welcomed a son together, Beau Biden IV, named after Hunter Biden’s late older brother.
– Rachel Barber
How many kids does Hunter Biden have?
Hunter Biden has five children. He has three daughters with his ex-wife Kathleen Buhle named Naomi Biden, Finnegan Biden, and Maisy Biden. In 2019, he welcomed a son with his second wife Melissa Cohen, Beau Biden IV., named after his late older brother.
It was also revealed that he had secretly fathered another daughter with an Arkansas woman named Lunden Roberts in 2018. Her name is Navy Roberts. President Joe Biden first publicly acknowledged his granddaughter in 2023.
– Rachel Barber
Why was Hunter Biden discharged from the Navy?
Less than a year after he was commissioned in 2013, Hunter Biden was administratively discharged from the Navy after testing positive for cocaine on a drug test.
On the presidential debate stage in 2020, former President Donald Trump falsely claimed Hunter Biden was dishonorably discharged from the Navy.
"Hunter got thrown out of the military," Trump said. "He was thrown out, dishonorably discharged for cocaine use."
An administrative discharge is standard procedure after failing a drug test. It is different from a dishonorable discharge which is usually the result of misconduct.
– Rachel Barber
Who is Abbe Lowell?
Hunter Biden’s main lawyer, Abbe Lowell, has a long history of working with Democrats and Republicans.
Lowell represented Ivanka Trump while she was a White House aide, chiming in as an ethics adviser. He also defended Jared Kushner when House members questioned his use of WhatsApp to communicate with foreign leaders.
Now, he is defending Hunter Biden who faces three felony charges related to purchasing a gun in 2018. Biden officially added Lowell to his legal team after a plea deal fell through in July that would have covered tax charges and the gun charges. It was seen at the time as a way to take a more aggressive response to the investigation into him, which have been going on for more than five years.
He was the chief minority counsel during the impeachment proceedings against President Bill Clinton.
--Kinsey Crowley
Hunter Biden also faces civil trial against his ex-wife over alimony
Hunter Biden isn't just facing sweeping legal problems over gun and tax charges. Axios reported last week that – in 2021 – a Washington court found he was in breach of an agreement with his ex-wife Kathleen Buhle. At the time, he owed her over $1.7 million in legal fees, spousal support and other costs from their 2017 divorce.
Since then, Buhle and Biden's legal battle has continued, and her attorneys have argued he still owes her millions.
– Marina Pitofsky
Who is David Weiss?
Justice Department special counsel David Weiss, who is overseeing the prosecution of Hunter Biden, was appointed the U.S. attorney in Delaware by former President Donald Trump in 2017.
Weiss investigated Biden for years before reaching a plea agreement for the president’s son to admit two tax misdemeanors and enter a pretrial program to potentially erase a drug charge. But U.S. District Judge Maryellen Noreika refused to rubber stamp because of disputes about whether it would protect Biden from future charges.
Attorney General Merrick Garland appointed Weiss as special counsel in August to continue his investigation. Weiss secured indictments on gun charges in Delaware, in the trial that started Monday, and on tax charges in California, with that trial set to begin Sept. 5.
Weiss has been criticized by Republicans as going too soft on Biden by reaching a “sweetheart deal” in the plea agreement. Democrats have criticized him for being too hard on Biden by pursuing charges that are rarely enforced.
Garland has defended Weiss as an independent prosecutor following the facts and the law.
--Kinsey Crowley and Bart Jansen
Hunter Biden had family's support during jury selection
Hunter Biden, the president’s son, enjoyed the support of relatives as the jury selected Monday in his trial on federal gun charges.
The first lady, Jill Biden, sat in the front row on her birthday, paying rapt attention and taking notes. She had helped raise Hunter Biden after his mother was killed in a car crash when he was young. Hunter Biden’s wife, Melissa Cohen Biden, and half-sister Ashley Biden also attended.
President Joe Biden, who remained in Wilmington during the jury selection, issued a statement supporting his son despite the political toll the charges have taken on his reelection bid.
“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,” Joe Biden said.
?Swapna Venugopal Ramaswamy and Bart Jansen
Who’s testifying at the Hunter Biden trial?
While every witness in the case isn't set in stone, there have been reports about who's expected to testify at the Delaware trial.
At least two employees from the gun store at the center of the case are expected to testify at the trial. Millard Greer, a former state police officer who authored the final investigative report on the incident included in court files, is expected to testify.
Hallie Biden, who was married to President Joe Biden's other son, the late Beau Biden, is also expected to provide testimony. Hallie Biden and Hunter Biden were in a relationship in 2018, and she told law enforcement officials she found a gun in Hunter Biden's vehicle and threw it away outside of a Delaware store.
– Xerxes Wilson and Marina Pitofsky
Who is Hunter Biden?
Hunter Biden is President Joe Biden's youngest son. He's facing three firearms felonies in Delaware.
The first two relate specifically to the form he filled out to purchase a gun in 2018, accusing Biden of lying about this drug use on the form.
The third charge pertains to Biden's possession of a firearm while he was allegedly an unlawful user or addicted to controlled substances.
– Xerxes Wilson
Judge Maryellen Noreika bars defense expert on drug addiction from trial
U.S. District Judge Maryellen Noreika on Monday barred testimony from one of Hunter Biden’s proposed expert witnesses, who the defense sought to give a perspective about how people suffering drug addiction view themselves.
Defense lawyers sought to have Elie Aoun, an assistant professor of clinical psychiatry, to testify to testify about how people who have participated in rehabilitation programs are sometimes in denial about their addiction and view themselves as no longer addicted when they complete a program.
But Noreika barred the witness Sunday, in one of two decisions against the dense, by ruling the defense failed to provide prosecutors with a proper explanation about what expert opinions Aoun would offer.
Biden’s defense also sought testimony from Michael Coyer, a forensic toxicologist, to answer questions about items including a white residue on a brown leather gun pouch that tested positive for cocaine years after it was taken into police custody. Noreika ruled that she would hear from Coyer without the jury present before deciding whether to allow him to testify.
?Xerxes Wilson
This article originally appeared on USA TODAY: Hunter Biden trial replay: First witness testifies in felony gun case
