(NEW YORK) — As a heat wave envelops the West, 32 million people from Texas to California are on alert for life-threatening temperatures.
Thursday and Friday will be the hottest days, when temperatures could surpass 110 degrees in some places.
Record highs were recorded in Texas on Tuesday, including 111 degrees in San Angelo and 109 degrees in Del Rio.
On Wednesday, temperatures are forecast to soar to a scorching 109 degrees in Phoenix and Palm Springs, California; 108 degrees in Las Vegas; and 105 degrees in Tucson, Arizona, and Fresno, California.
If Las Vegas hits 112 degrees on Thursday, it’ll be the city’s hottest temperature ever this early in the season.
The dangerous heat will spread north by Friday and Saturday, with record highs possible in Oregon, Idaho and Colorado.
Doctors recommend taking excessive heat warnings seriously. There are hundreds of deaths each year in the U.S. due to excessive heat, according to CDC WONDER, an online database, and scientists caution that the actual number of heat-related deaths is likely higher.
Click here for what to know about staying safe in the heat.
Hunter Biden, son of U.S. President Joe Biden, departs the J. Caleb Boggs Federal Building and United States Courthouse on July 26, 2023 in Wilmington, Delaware. (Photo by Mark M
(WILMINGTON, Del.) — President Joe Biden’s son Hunter Biden is on trial in Delaware on three felony charges related to his efforts to obtain a firearm in 2018 while allegedly addicted to drugs.
The son of a sitting president has never before faced a criminal trial.
The frequency of updates may be limited due to federal court restrictions:
Jun 05, 7:09 AM First Biden family member could take the stand today
The first member of the Biden family to testify at the trial could take the stand today, as prosecutors are expected to call Hallie Biden as their next witness.
Hallie Biden, who was married to Hunter Biden’s brother Beau Biden until his death from cancer in 2015, was Hunter Biden’s romantic partner at the time he purchased the firearm at the center of the case in 2018.
Prosecutors suggested yesterday that she could take the stand after FBI Special Agent Erika Jensen, the trial’s first witness, completes her testimony.
Jensen will be back on the stand this morning to continue her cross-examination by Hunter Biden’s attorneys.
Jun 04, 9:01 PM Hunter Biden’s lawyer says his daughter could testify ‘if need be’; leaves door open for defendant to take the stand
During a sidebar conversation out of earshot of reporters, Abbe Lowell, an attorney for Hunter Biden, told the judge that he might decide to call Naomi Biden — aka the president’s oldest granddaughter — to testify at trial “if need be.”
The revelation emerged in a transcript of the proceedings released hours after court concluded. During what at times appeared to be a tense exchange between Lowell, the judge and two government prosecutors, Lowell divulged his expectations for witnesses.
When prosecutors suggested Lowell was hiding the ball on how he planned to present certain evidence, Lowell first introduced the idea of calling one of Hunter Biden’s daughters as a witness:
MR. HINES: Exactly, we have asked Mr. Lowell and he won’t tell us. MR. LOWELL: That’s not what I said. MR. HINES: He couldn’t tell us which witness. MR. LOWELL: I said I’m making a proffer and the court — I understand the rules, each one of these will be submitted with a witness, I don’t have to tell them in advance which witness it is, but I am making a statement to the Court, there is three or four witnesses, including his uncle and his daughter, if need be.
Lowell later clarified that Naomi Biden, Hunter Biden’s daughter with ex-wife Kathleen Buhle, and the president’s eldest granddaughter, was on his witness list.
Lowell also left the door open for Hunter Biden to testify “if it gets to that,” a gamble that would put his client in the position of facing live cross-examination from federal prosecutors. It came during a discussion about how Lowell planned to demonstrate that Hunter Biden read the ATF Form 4473 “carefully.”
THE COURT: Wait. Just so I’m clear, are you going to suggest that he did in fact read these things or just that if he had chosen to and didn’t tell them. MR. LOWELL: Both. THE COURT: What is your evidence going to be that he did in fact read all of these things carefully? MR. LOWELL: If it gets to that judge, then it will be Mr. Biden’s job to say that.
During a debate at the same bench conference about an argument Lowell intended to make in his opening statement, Judge Maryellen Noreika called the defense attorney for interrupting her.
MR. LOWELL: That’s not the argument judge. THE COURT: That is what it sounds like you’re telling me, you’re saying he doesn’t know what it was. MR. LOWELL: No. THE COURT: You keep cutting me off, and you want to make your argument, and I know you want to make your argument, but you need to understand it, so you need to understand where I am.
The judge later told Lowell, “Don’t put words in my mouth,” she said.
“I know you’re just trying to zealously represent your client,” she said, “but don’t assume my ruling before you give me a chance to make it.”
Jun 04, 5:49 PM Witness acknowledges Hunter Biden’s drug use was not continuous
Attorneys for Hunter Biden, in their cross-examination of FBI Special Agent Erika Jensen, attempted to push back on prosecutors’ contention that Hunter Biden was abusing drugs at the time he said on a gun-purchase form that he was drug-free.
A key piece of evidence comes from Hunter Biden’s 2021 memoir, in which he described his “relapse” just weeks after leaving rehab in August — just six weeks before purchasing the firearm.
“I stayed clean for two weeks then relapsed,” Hunter Biden wrote in his book.
Defense attorney Abbe Lowell, on cross-examination, questioned the assumption that Hunter Biden’s relapse implied that he was referring to his drug use — suggesting instead that he was referring to his alcohol addiction.
“When he was referring to that in his book, was he talking about relapsing to drugs and alcohol, or do you know what he meant?” Lowell asked.
“I can only state what was stated,” Jensen said.
“Which is, ‘Then I relapsed?'” Lowell asked.
“Just what it says, ‘I relapsed,'” Jensen replied.
Jensen also acknowledged that she could not verify that Hunter Biden was continuously using drugs from 2015 to 2019, saying, “My recollection is that there are excerpts where he was principally occupied with smoking crack cocaine. I didn’t get the sense that it was the entire history.”
“Meaning that there were periods of time that he was not?” Lowell asked.
“I think there — including the period in August where we have some invoices for rehab, that there were periods where there was not,” Jensen said.
It was an important moment for the defense, as Lowell managed to establish that Hunter Biden’s use of drugs was not consistent — cuing up his argument that the president’s son was not on drugs at the time of his firearm purchase.
Prosecutors also entered into evidence records related to enormous cash withdrawals Hunter Biden made — more than $150,000 from September through November of 2018, including a $5,000 withdrawal on the day he purchased the gun. Prosecutors suggested this cash was used to procure drugs; Lowell, on cross-examination, established that Hunter Biden paid $900 in cash for the weapon and accessories.
Court was subsequently recessed for the day, with Lowell’s cross-examination of Jensen scheduled to resume Wednesday morning.
Prosecutors suggested that Hallie Biden would be the next witness after Jensen, making it likely that the first Biden family member to testify will take the stand at some point tomorrow.
Jun 04, 4:35 PM Prosecutors present angry text messages about gun
Testifying for the prosecution, FBI Special Agent Erika Jensen presented evidence involving a 2018 text message exchange between Hunter Biden and Hallie Biden, his brother Beau’s widow who was Hunter Biden’s romantic partner at the time.
An angry Hunter Biden texted Hallie Biden on the day she discovered his gun.
“Did you take that from me? … You’re being totally irresponsible and unhinged,” the text said.
“I just want you to be safe. That was not safe,” she replied, referring to his handling of the gun.
Hunter Biden’s attorney Abbe Lowell objected to Jensen’s testimony regarding the text messages — which had been obtained by a court-issued subpoena — arguing that Hallie Biden would be questioned when the government calls her as a witness.
Prosecutors concluded their questioning of Jensen, after which the defense began its cross-examination.
Jun 04, 3:24 PM Prosecutors introduce infamous laptop as evidence
Prosecutors have introduced Hunter Biden’s infamous laptop as evidence while questioning FBI agent Erika Jensen, their first witness.
Prosecutors asked Jensen about email messages found on the laptop and in Hunter Biden’s iCloud account that appear to be about his drug use in 2018.
The government had said in pretrial court filings that it was planning to introduce materials on the laptop as evidence in the case.
The laptop has become a symbol of the legal and political controversy surrounding the president’s son in recent years. Attorneys for Hunter Biden had previously attempted to preclude the laptop as evidence in the trial, arguing that they have “numerous reasons to believe the data had been altered and compromised before investigators obtained the electronic material.”
But special counsel David Weiss argued in court filings that attorneys for Hunter Biden had not “provided any evidence or information that shows that his laptop contains false information,” and the judge agreed to admit it as evidence.
Data from the laptop was purportedly obtained and later disseminated in 2019 by a Wilmington, Delaware, computer repairman after the laptop had been dropped off at his shop for repair.
With that context in mind, prosecutors did not rely on the laptop on its own; investigators said they cross-referenced every email, WhatsApp message, iMessage, and text message with Apple Inc. to establish the credibility of the data.
“Ultimately, in examining that laptop, were investigators able to confirm that it was Hunter Biden’s laptop?” prosecutor Derek Hines asked Jensen.
“Yes,” Jensen said.
“How?” Hines asked.
“Among other things, there was a serial number that’s on the back of this laptop that matches the Apple subpoena records that they obtained in 2019, so it matches the registration of this particular device to the iCloud account at a particular date,” Jensen said.
“So from the data from the laptop and the hard drive, did you — what did you do next, or what did the FBI do next when assessing the addiction evidence?” Hines asked.
“So from the data that was extracted from both the iCloud back ups and this — the laptop, investigators were able to go through largely WhatsApp messages, iMessages, and text messages, and found evidence of addiction within the messages,” Jensen said.
Prosecutors also showed jurors an invoice for $85 from the computer repair shop where Hunter Biden dropped off the laptop for repair, which had been sent to an email address belonging to Hunter Biden.
“You said Apple Inc. provided that … from the iCloud?” Hines asked.
“Yes,” Jensen said.
Jun 04, 1:31 PM Family ‘fighting off tears’ hearing audio from Hunter Biden’s memoir
In the first exhibits presented in the government’s case, prosecutors played excerpts from the audiobook of Hunter Biden’s 2021 memoir “Beautiful Things” — in which jurors heard in his own words about some of the most personal low points of his yearslong addiction to crack cocaine.
FBI Special Agent Erika Jensen, the government’s first witness, introduced about a dozen audio excerpts played out over an hour, as Hunter Biden’s voice boomed over the courtroom’s loudspeakers while his stepmother, first lady Jill Biden, and several other members of his family sat in attendance.
“I used my superpower of finding crack cocaine anytime, anywhere,” Hunter Biden said of the year 2018 — the same year he purchased the gun that prosecutors say he lied to get. The audio contained passages in which he spoke about the darkest and most dangerous moments of his addiction — at one point doing cocaine in the bathroom while on a graduation trip with his daughter. .
Jill Biden and her daughter Ashley Biden sat shoulder-to-shoulder as the clips played out, at times leaning their heads against one another. At one point, as Hunter Biden’s voice was heard describing a raucous 12-day bender in Los Angeles, Jill Biden lifted her left arm and draped it around Ashley’s shoulders.
A person sitting with the family told ABC News they were both “fighting off tears.”
Hunter Biden, for the most part, stared intently into the nearby monitor displaying the book’s contents, at one point slightly nodding along as he reheard some of his most painful struggles. The jurors appeared largely engaged, with many taking notes and looking up at the screen to follow along.
Jun 04, 12:04 PM Defense says Hunter Biden wasn’t addict at time of purchase
Hunter Biden’s attorney sought to cast doubt on the government’s narrative during his opening statement, claiming that Hunter Biden was not actively using drugs at the time of his gun purchase and therefore did not “knowingly” lie on the federal form barring drug users from procuring a firearm.
“He did not knowingly violate these laws,” attorney Abbe Lowell said, since there was “nothing on the form about the definition of a user.”
Lowell told the jury that Hunter Biden was using alcohol at the time of the gun purchase, but that his drug use “did not start until later.”
The attorney said that while Hunter Biden was in Delaware, where he purchased the gun, his behavior was “totally inconsistent” with how he presented it when he was on drugs.
“He spoke with his father, his uncle, his daughters,” Lowell said, suggesting they would have noticed if he was “smoking crack every 15 minutes,” as he described in his 2021 memoir, “Beautiful Things.”
“There is no such thing as a high-functioning crack addict,” Lowell said.
Lowell told the jury that Hunter Biden had entered a 12-day rehab program in California before returning to Delaware in the fall of 2018, just a week before the gun purchase, shepherded by his “Uncle Jimmy Biden,” who Lowell suggested will testify at trial.
Lowell also pushed back on one of the government’s key pieces of evidence — a text Hunter sent to his then-romantic partner Halle Biden days after purchasing the gun, in which he claimed to be “on a car” smoking crack. Prosecutors said this was evidence that he was using drugs at the time, but Lowell said that, “in reality, he did not want to see Hallie.”
As part of the defense, Lowell also appeared to shift some blame to the owners and employees at the gun store where Hunter Biden purchased the gun, saying they “wanted to make a sale.”
Lowell claimed that Hunter Biden first purchased a BB gun and a knife at the store, and only purchased the gun after they approached him.
“Hunter wouldn’t have known what a speedloader was,” said Lowell, who also claimed the salesman never “took Hunter through” the form to ensure he understood it.
“How quickly does a person check through those boxes?” Lowell asked jurors.
Lowell also pushed back on allegations involving the gun pouch that was found with the firearm after Hallie Biden threw the gun it in a dumpster. Prosecutors allege that the pouch had cocaine residue on it, but Lowell said it was never checked for fingerprints and called into question its chain of custody.
“Hunter has never asked anyone to excuse his mistakes,” Lowell said, before asking jurors to find him not guilty.
As Lowell delivered his opening statement, first lady Jill Biden, Hunter Biden’s wife Melissa Cohen Biden, and his stepsister Ashley Biden sat largely stoic in the gallery. Hunter Biden kept his eyes on Lowell and his hands clasped. Jurors paid close attention, with several taking notes.
Jun 04, 10:51 AM Hunter Biden ‘chose to lie,’ prosecutor tells jury
Government prosecutors told jurors in the trial’s opening statements that they should make “no distinction for Hunter Biden or anybody else” as they weigh the gun case against the president’s son.
Hunter Biden “chose to lie,” prosecutor Derek Hines said, laying out the case that the defendant purchased a gun while knowing he was an addict and drug user.
Hines said Hunter Biden bought the firearm from a gun seller who will testify as a witness that the younger Biden filled out form 4473 — consenting to a federal background check — and certified that he understood the form. The prosecution said it will show Hunter Biden “bought a gun and lied during a background check.”
The man who sold Hunter Biden the gun will testify that he watched the defendant fill out the form.
The gun was then “taken by someone concerned he had a gun. That person was Halle Biden,” Hines said, referring to Hunter Biden’s romantic partner at the time.
Halle Biden disposed of the gun in a dumpster, where it was retrieved by a man who will also be a witness called by the government.
“The police were called” when Halle Biden went to retrieve the gun, Hines said.
Hines, in his opening, said evidence will show that “Hunter Biden knew he was a drug user and a drug addict” when he filled out the form.
Hines cited Hunter Biden’s memoir, “Beautiful Things,” in which he wrote he had a “superpower of buying crack anywhere, anytime.”
In text messages presented by the prosecution, Hunter Biden acknowledged, “I am an addict.”
Jun 04, 10:09 AM ‘No one is above the law,’ prosecutor says in opening
Opening statements got underway in Hunter Biden’s gun trial after nearly an hour-long delay.
The jury was seated just before 10 a.m.
“No one is above the law,” prosecutor Derek Hines said in his opening statement, addressing the jury from the lectern.
“It doesn’t matter who you are or what your name is,” Hines told them.
Jun 04, 9:29 AM Judge says they ‘lost’ a juror overnight
Judge Maryellen Noreika took the bench this morning and announced they had “lost” one juror overnight after she “begged” to be released due to travel difficulties.
“We lost a juror overnight,” Judge Noreika said, noting the juror explained she lives far away and does not have a car. Noreika did not specifically address how they would be moving forward, but there are four alternates who were seated yesterday as part of the jury.
Opening statements had still not gotten underway as of 9 a.m., as the court was still awaiting the arrival of four of the jurors.
Judge Noreika used the time to address a number of motions, including rejecting a motion from Hunter Biden’s attorney Abbe Lowell seeking to exclude from evidence a number of photos of Hunter Biden.
The government said they needed a photo to prove Biden was in Malibu at a particular time, and the judge agreed to admit it.
First lady Jill Biden was back in her same front-row seat as yesterday, seated between Hunter Biden’s wife Melissa and Jill Biden’s daughter Ashley Biden.
Jun 04, 8:46 AM Hunter Biden arrives at courthouse
Hunter Biden has arrived at the courthouse for Day 2 of his federal gun trial.
He was accompanied by wife, Melissa Cohen Biden.
Jun 04, 7:26 AM Arguments to get underway this morning
Hunter Biden returns to court this morning for the start of arguments in his federal gun trial.
Attorneys with special counsel David Weiss’ office and lawyers for Hunter Biden are both scheduled to deliver opening statements in the case.
Judge Maryellen Noreika yesterday swore in a jury of six men and six women, completing the jury selection process in a single day to put the trial two days ahead of schedule.
Jun 03, 6:06 PM Friends, family look on during Day 1 in court
Hunter Biden spent the first day of his gun trial taking notes, reading documents placed in front of him by his attorneys, and often turning to catch a glimpse of the friends and family who came to court to support him.
At one point, he nodded along as a prospective juror spoke about her friend’s overdose after addiction.
Jill Biden was seated behind Hunter Biden all day, and she watched attentively as some jurors told the court that they had such a skewed view of her family that they could not be impartial. The first lady did not appear to react in those moments, but at times her daughter Ashley Biden placed her hand on the first lady’s back in support.
Hunter Biden’s family members also appeared to be actively involved with his defense strategy — at one point standing up and huddling with Hunter Biden’s attorneys Abbe Lowell and David Kolansky after a sidebar.
When court was dismissed, Jill Biden gave Hunter Biden a hug and a kiss before he walked out hand-in-hand with his wife.
Jun 03, 5:49 PM After opening statements, FBI agent will be first witness
Hunter Biden and his stepmother, first lady Jill Biden, departed court at the conclusion of the day’s jury selection proceedings.
With opening statements set for Tuesday, prosecutors said their first witness would be FBI Special Agent Erika Jensen, who will introduce into evidence several of Hunter Biden’s text messages, as well as excerpts from his 2021 memoir, Beautiful Things, and other evidence.
The parties had carved out three days to select a jury, which means the proceedings are currently running ahead of schedule.
Judge Maryellen Noreika told jurors they would likely need to be available for the trial through June 14, with the possibility of deliberations stretching into the week of June 17.
Jun 03, 5:32 PM Jury of six men, six women will hear openings Tuesday
A jury of six men and six women is scheduled to hear opening statements Tuesday in Hunter Biden’s federal gun trial.
An additional four women were chosen as the alternate jurors.
The jurors include a Secret Service retiree, a man whose father was killed by a gun, and a number of jurors whose family and friends have suffered from addiction — a central theme in the case against Hunter Biden.
Juror No. 1 is a woman who recently heard about Hunter Biden’s case on the evening news. Said said her sister is also an addict, but is “currently clean.”
Juror No. 2 is a woman who worked for the Secret Service for nearly 25 years and is now retired. Her husband was a uniformed officer in Washington, D.C.
Juror No. 3 is woman who gets her news from YouTube. When asked what she has heard about the case, she said that it involves guns and drugs.
Juror No. 4 is a woman who said she feels people who smoke weed “should not be allowed” to own a gun, but said she could set that aside.
Juror No. 5 is a currently unemployed man who previously received a DUI for which he pleaded guilty.
Juror No. 6 is a man who said he previously knew about the case. He currently owns three pistols and said, “I believe the Second Amendment is very important.”
Juror No. 7 is a man whose father owned a firearm. He said he knows “some” gun laws.
Juror No. 8 is a man whose father was killed by a gun in 2004. He has a brother who was arrested for drug possession and was sentenced to prison.
Juror No. 9 is a woman whose home was burglarized years ago. She purchased a gun and has had it for over 20 years.
Juror No. 10 is a man whose brother and brother-in-law both suffered from alcoholism and are now both deceased. His niece and nephew both own guns.
Juror No. 11 is a woman whose family hunts and has hunting rifles. She said her “childhood best friend” passed away from a drug overdose.
Juror No. 12 is a man whose older brother is an addict who has been to rehab multiple times for PCP and heroin. He said the brother had a gun but he was not sure when.
Jun 03, 4:24 PM Jury is seated
The jury of 12 jurors and four alternates has been seated in Hunter Biden’s federal gun trial.
The panel was picked from 250 prospective jurors who arrived at the courthouse this morning for the voir dire process.
Jun 03, 1:50 PM Many prospective jurors know of Hunter Biden’s travails
Judge Maryellen Noreika has so far quizzed more than 50 Delaware residents about their fitness to serve as jurors in the first trial of a sitting president’s son. And being Delaware — a small state that Joe Biden represented in the Senate for more than three decades — nearly all of them had some level of familiarity with Hunter Biden’s legal travails.
“I live in Delaware,” one prospective juror said. “You can’t swing a cat without hearing something.”
“Delaware is a small place,” another said. “So you hear stuff.”
Several jurors said they had heard or read about this trial specifically. Most had only a cursory understanding of the case, but others expressed a detailed accounting of the charges. A few jurors mentioned the ill-fated plea deal that Hunter Biden initially struck with prosecutors last summer.
“At one time there was a deal, and then there wasn’t,” one man said.
One woman had even read Hunter Biden’s memoir, “Beautiful Things,” which prosecutors plan to use to help prove their case. She was excused by the judge.
President Joe Biden has emerged repeatedly in questioning, with prospective jurors expressing both positive and negative feelings on his presidency. One woman said she believed that Hunter Biden was facing charges largely because his father is the president.
“I think it was a very strong factor,” she said.
Several others have been dismissed for harboring negative views toward the Bidens. Asked for his opinion about the president, one man said, “Not a good one.” Another man said, “Negative toward the defendant.” Both were excused.
The jury questionnaire also includes several questions about drug and alcohol addiction — an affliction that many prospective jurors said has personally affected them.
One woman held back tears as she described how her best friend had died of a heroine overdose. Another man said his daughter is a recovering addict.
“Everybody needs a second chance,” he said.
Judge Noreika has been pressing ahead, intent on getting a jury seated as soon as possible — perhaps even by the end of the day.
In addition first lady Jill Biden and Hunter Biden’s wife Melissa, his sister Ashley Biden attended court during the morning session, and his confidant and financier Kevin Morris is also in attendance.
Jun 03, 10:26 AM President Biden says he has ‘boundless love’ for his son
President Joe Biden said in a statement issued this morning that he has “boundless love” for his son.
“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,” Biden said in the statement as jury selection got underway.
“A lot of families have loved ones who have overcome addiction and know what we mean,” the president said.
“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,” he said. “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.”
Jun 03, 10:10 AM Jurors face individual questioning as Jill Biden looks on
After filling out the jury questionnaire, the first panel of prospective jurors are being brought into the court room one-by-one to face individual questioning from the judge and both parties. As of about 9:45 a.m. ET, the court had made it through the questioning of just six jurors.
The prospective jurors so far have include a woman who worked with the Secret Service for over two decades and whose husband was a uniformed officer in Washington, D.C., at locations including the White House.
One prospective juror who volunteered for Hilary Clinton’s 2008 campaign prompted the first mention of President Joe Biden — though not by name.
Judge Norieka asked that prospective juror if her work volunteering and donating to Democratic campaigns would prevent her from being fair in a case that involved “the son of the Democratic president of the United States.”
She said it would not.
The exchange occurred as first lady Jill Biden sat in the front row of the gallery, watching intently as each juror answered their questions. The first lady is sitting next to Hunter Biden’s wife, Melissa.
Earlier, a prospective juror was struck for cause because of his firm views on guns, after he told the judge he thought gun ownership was a “God-given right.” He said he would not be able to be impartial in a case where someone was prevented from buying a gun due to federal law.
Jun 03, 9:39 AM 1st batch of 50 jurors sworn in
Hunter Biden’s arrival through the front entrance of the J. Caleb Boggs Federal Building this morning means he would have passed an enormous portrait of his father, which hangs in every federal courthouse in the country.
The first batch of 50 jurors were sworn in by Judge Noreika, who instructed them not to discuss the case with anyone, including family, or to conduct any research on the case or to read any news about it.
Reporters monitoring the proceedings from the overflow room could not hear most of Noreika’s statement due to technical difficulties. As technicians tried to fix the issue, they turned on a TV that happened to be playing an attack ad against Joe Biden.
Jun 03, 8:58 AM Hunter Biden, first lady Jill Biden arrive at courthouse
Hunter Biden has arrived at the courthouse for the start of his federal gun trial this morning.
His mother, first lady Jill Biden, is also attending.
Jun 03, 7:46 AM Prospective jurors will be asked about president
Two hundred and fifty Delaware residents have been summoned to the courthouse in downtown Wilmington, where they will face typical questions about their fitness to serve as jurors.
But because this is the trial of the son of a sitting president, there will be some novel topics covered during the jury selection process known as “voir dire.”
Among the questions jurors will be asked: “If you were eligible to vote in any election(s) in which Joseph R. Biden was a candidate, would that fact prevent you from maintaining an open, impartial mind until all of the evidence is presented, and the instructions of the Court are given?”
And “Do you believe Robert Hunter Biden is being prosecuted in this case because his father is the President of the United States and a candidate for President?”
Jun 03, 7:20 AM Judge rules annotated form can’t be used as evidence
On the eve of trial, U.S. District Judge Maryellen Noreika threw a wrench in one of the key arguments attorneys for Hunter Biden were planning to advance, ruling that an annotated copy of the federal form Hunter Biden is accused of lying on would be excluded from evidence.
The original document, called an ATF Form 4473, was created in 2018 when Hunter Biden purchased the firearm. But in 2021, gun store employees made a copy that included some handwritten notes. Defense attorney Abbe Lowell contended that employees had “tampered with” the document, and that it raised questions about “who wrote what on the form, and when.”
Lowell hoped his argument would undermine the credibility of some key government witnesses — the people who sold Biden the gun — and potentially create a reasonable doubt that Hunter Biden was the one who actually checked that box.
Attorneys for special counsel David Weiss’ office have said the gun shop employees merely “annotated” the form and urged Noreika to prevent Lowell from introducing it into evidence.
Late Sunday, Noreika sided with Weiss.
Jun 03, 6:50 AM Jury selection set to get underway
Jury selection is scheduled to get underway today in the federal gun trial of Hunter Biden, who authorities say broke the law when he purchased a Colt revolver in 2018.
President Joe Biden’s son faces two counts of making false statements while purchasing the firearm and a third count of illegally obtaining it while addicted to drugs.
Although the charges together carry a possible sentence of up to 25 years, legal experts say that, as a first-time and nonviolent offender, Hunter Biden would not likely serve time if convicted.
The trial, in Delaware federal court, is expected to last two to three weeks.
Hunter Biden, son of U.S. President Joe Biden, departs the J. Caleb Boggs Federal Building and United States Courthouse on July 26, 2023 in Wilmington, Delaware. (Photo by Mark M
(WILMINGTON, Del.) — President Joe Biden’s son Hunter Biden is on trial in Delaware on three felony charges related to his efforts to obtain a firearm in 2018 while allegedly addicted to drugs.
The son of a sitting president has never before faced a criminal trial.
The frequency of updates may be limited due to federal court restrictions:
Jun 04, 9:01 PM Hunter Biden’s lawyer says his daughter could testify ‘if need be’; leaves door open for defendant to take the stand
During a sidebar conversation out of earshot of reporters, Abbe Lowell, an attorney for Hunter Biden, told the judge that he might decide to call Naomi Biden — aka the president’s oldest granddaughter — to testify at trial “if need be.”
The revelation emerged in a transcript of the proceedings released hours after court concluded. During what at times appeared to be a tense exchange between Lowell, the judge and two government prosecutors, Lowell divulged his expectations for witnesses.
When prosecutors suggested Lowell was hiding the ball on how he planned to present certain evidence, Lowell first introduced the idea of calling one of Hunter Biden’s daughters as a witness:
MR. HINES: Exactly, we have asked Mr. Lowell and he won’t tell us. MR. LOWELL: That’s not what I said. MR. HINES: He couldn’t tell us which witness. MR. LOWELL: I said I’m making a proffer and the court — I understand the rules, each one of these will be submitted with a witness, I don’t have to tell them in advance which witness it is, but I am making a statement to the Court, there is three or four witnesses, including his uncle and his daughter, if need be.
Lowell later clarified that Naomi Biden, Hunter Biden’s daughter with ex-wife Kathleen Buhle, and the president’s eldest granddaughter, was on his witness list.
Lowell also left the door open for Hunter Biden to testify “if it gets to that,” a gamble that would put his client in the position of facing live cross-examination from federal prosecutors. It came during a discussion about how Lowell planned to demonstrate that Hunter Biden read the ATF Form 4473 “carefully.”
THE COURT: Wait. Just so I’m clear, are you going to suggest that he did in fact read these things or just that if he had chosen to and didn’t tell them. MR. LOWELL: Both. THE COURT: What is your evidence going to be that he did in fact read all of these things carefully? MR. LOWELL: If it gets to that judge, then it will be Mr. Biden’s job to say that.
During a debate at the same bench conference about an argument Lowell intended to make in his opening statement, Judge Maryellen Noreika called the defense attorney for interrupting her.
MR. LOWELL: That’s not the argument judge. THE COURT: That is what it sounds like you’re telling me, you’re saying he doesn’t know what it was. MR. LOWELL: No. THE COURT: You keep cutting me off, and you want to make your argument, and I know you want to make your argument, but you need to understand it, so you need to understand where I am.
The judge later told Lowell, “Don’t put words in my mouth,” she said.
“I know you’re just trying to zealously represent your client,” she said, “but don’t assume my ruling before you give me a chance to make it.”
Jun 04, 5:49 PM Witness acknowledges Hunter Biden’s drug use was not continuous
Attorneys for Hunter Biden, in their cross-examination of FBI Special Agent Erika Jensen, attempted to push back on prosecutors’ contention that Hunter Biden was abusing drugs at the time he said on a gun-purchase form that he was drug-free.
A key piece of evidence comes from Hunter Biden’s 2021 memoir, in which he described his “relapse” just weeks after leaving rehab in August — just six weeks before purchasing the firearm.
“I stayed clean for two weeks then relapsed,” Hunter Biden wrote in his book.
Defense attorney Abbe Lowell, on cross-examination, questioned the assumption that Hunter Biden’s relapse implied that he was referring to his drug use — suggesting instead that he was referring to his alcohol addiction.
“When he was referring to that in his book, was he talking about relapsing to drugs and alcohol, or do you know what he meant?” Lowell asked.
“I can only state what was stated,” Jensen said.
“Which is, ‘Then I relapsed?'” Lowell asked.
“Just what it says, ‘I relapsed,'” Jensen replied.
Jensen also acknowledged that she could not verify that Hunter Biden was continuously using drugs from 2015 to 2019, saying, “My recollection is that there are excerpts where he was principally occupied with smoking crack cocaine. I didn’t get the sense that it was the entire history.”
“Meaning that there were periods of time that he was not?” Lowell asked.
“I think there — including the period in August where we have some invoices for rehab, that there were periods where there was not,” Jensen said.
It was an important moment for the defense, as Lowell managed to establish that Hunter Biden’s use of drugs was not consistent — cuing up his argument that the president’s son was not on drugs at the time of his firearm purchase.
Prosecutors also entered into evidence records related to enormous cash withdrawals Hunter Biden made — more than $150,000 from September through November of 2018, including a $5,000 withdrawal on the day he purchased the gun. Prosecutors suggested this cash was used to procure drugs; Lowell, on cross-examination, established that Hunter Biden paid $900 in cash for the weapon and accessories.
Court was subsequently recessed for the day, with Lowell’s cross-examination of Jensen scheduled to resume Wednesday morning.
Prosecutors suggested that Hallie Biden would be the next witness after Jensen, making it likely that the first Biden family member to testify will take the stand at some point tomorrow.
Jun 04, 4:35 PM Prosecutors present angry text messages about gun
Testifying for the prosecution, FBI Special Agent Erika Jensen presented evidence involving a 2018 text message exchange between Hunter Biden and Hallie Biden, his brother Beau’s widow who was Hunter Biden’s romantic partner at the time.
An angry Hunter Biden texted Hallie Biden on the day she discovered his gun.
“Did you take that from me? … You’re being totally irresponsible and unhinged,” the text said.
“I just want you to be safe. That was not safe,” she replied, referring to his handling of the gun.
Hunter Biden’s attorney Abbe Lowell objected to Jensen’s testimony regarding the text messages — which had been obtained by a court-issued subpoena — arguing that Hallie Biden would be questioned when the government calls her as a witness.
Prosecutors concluded their questioning of Jensen, after which the defense began its cross-examination.
Jun 04, 3:24 PM Prosecutors introduce infamous laptop as evidence
Prosecutors have introduced Hunter Biden’s infamous laptop as evidence while questioning FBI agent Erika Jensen, their first witness.
Prosecutors asked Jensen about email messages found on the laptop and in Hunter Biden’s iCloud account that appear to be about his drug use in 2018.
The government had said in pretrial court filings that it was planning to introduce materials on the laptop as evidence in the case.
The laptop has become a symbol of the legal and political controversy surrounding the president’s son in recent years. Attorneys for Hunter Biden had previously attempted to preclude the laptop as evidence in the trial, arguing that they have “numerous reasons to believe the data had been altered and compromised before investigators obtained the electronic material.”
But special counsel David Weiss argued in court filings that attorneys for Hunter Biden had not “provided any evidence or information that shows that his laptop contains false information,” and the judge agreed to admit it as evidence.
Data from the laptop was purportedly obtained and later disseminated in 2019 by a Wilmington, Delaware, computer repairman after the laptop had been dropped off at his shop for repair.
With that context in mind, prosecutors did not rely on the laptop on its own; investigators said they cross-referenced every email, WhatsApp message, iMessage, and text message with Apple Inc. to establish the credibility of the data.
“Ultimately, in examining that laptop, were investigators able to confirm that it was Hunter Biden’s laptop?” prosecutor Derek Hines asked Jensen.
“Yes,” Jensen said.
“How?” Hines asked.
“Among other things, there was a serial number that’s on the back of this laptop that matches the Apple subpoena records that they obtained in 2019, so it matches the registration of this particular device to the iCloud account at a particular date,” Jensen said.
“So from the data from the laptop and the hard drive, did you — what did you do next, or what did the FBI do next when assessing the addiction evidence?” Hines asked.
“So from the data that was extracted from both the iCloud back ups and this — the laptop, investigators were able to go through largely WhatsApp messages, iMessages, and text messages, and found evidence of addiction within the messages,” Jensen said.
Prosecutors also showed jurors an invoice for $85 from the computer repair shop where Hunter Biden dropped off the laptop for repair, which had been sent to an email address belonging to Hunter Biden.
“You said Apple Inc. provided that … from the iCloud?” Hines asked.
“Yes,” Jensen said.
Jun 04, 1:31 PM Family ‘fighting off tears’ hearing audio from Hunter Biden’s memoir
In the first exhibits presented in the government’s case, prosecutors played excerpts from the audiobook of Hunter Biden’s 2021 memoir “Beautiful Things” — in which jurors heard in his own words about some of the most personal low points of his yearslong addiction to crack cocaine.
FBI Special Agent Erika Jensen, the government’s first witness, introduced about a dozen audio excerpts played out over an hour, as Hunter Biden’s voice boomed over the courtroom’s loudspeakers while his stepmother, first lady Jill Biden, and several other members of his family sat in attendance.
“I used my superpower of finding crack cocaine anytime, anywhere,” Hunter Biden said of the year 2018 — the same year he purchased the gun that prosecutors say he lied to get. The audio contained passages in which he spoke about the darkest and most dangerous moments of his addiction — at one point doing cocaine in the bathroom while on a graduation trip with his daughter. .
Jill Biden and her daughter Ashley Biden sat shoulder-to-shoulder as the clips played out, at times leaning their heads against one another. At one point, as Hunter Biden’s voice was heard describing a raucous 12-day bender in Los Angeles, Jill Biden lifted her left arm and draped it around Ashley’s shoulders.
A person sitting with the family told ABC News they were both “fighting off tears.”
Hunter Biden, for the most part, stared intently into the nearby monitor displaying the book’s contents, at one point slightly nodding along as he reheard some of his most painful struggles. The jurors appeared largely engaged, with many taking notes and looking up at the screen to follow along.
Jun 04, 12:04 PM Defense says Hunter Biden wasn’t addict at time of purchase
Hunter Biden’s attorney sought to cast doubt on the government’s narrative during his opening statement, claiming that Hunter Biden was not actively using drugs at the time of his gun purchase and therefore did not “knowingly” lie on the federal form barring drug users from procuring a firearm.
“He did not knowingly violate these laws,” attorney Abbe Lowell said, since there was “nothing on the form about the definition of a user.”
Lowell told the jury that Hunter Biden was using alcohol at the time of the gun purchase, but that his drug use “did not start until later.”
The attorney said that while Hunter Biden was in Delaware, where he purchased the gun, his behavior was “totally inconsistent” with how he presented it when he was on drugs.
“He spoke with his father, his uncle, his daughters,” Lowell said, suggesting they would have noticed if he was “smoking crack every 15 minutes,” as he described in his 2021 memoir, “Beautiful Things.”
“There is no such thing as a high-functioning crack addict,” Lowell said.
Lowell told the jury that Hunter Biden had entered a 12-day rehab program in California before returning to Delaware in the fall of 2018, just a week before the gun purchase, shepherded by his “Uncle Jimmy Biden,” who Lowell suggested will testify at trial.
Lowell also pushed back on one of the government’s key pieces of evidence — a text Hunter sent to his then-romantic partner Halle Biden days after purchasing the gun, in which he claimed to be “on a car” smoking crack. Prosecutors said this was evidence that he was using drugs at the time, but Lowell said that, “in reality, he did not want to see Hallie.”
As part of the defense, Lowell also appeared to shift some blame to the owners and employees at the gun store where Hunter Biden purchased the gun, saying they “wanted to make a sale.”
Lowell claimed that Hunter Biden first purchased a BB gun and a knife at the store, and only purchased the gun after they approached him.
“Hunter wouldn’t have known what a speedloader was,” said Lowell, who also claimed the salesman never “took Hunter through” the form to ensure he understood it.
“How quickly does a person check through those boxes?” Lowell asked jurors.
Lowell also pushed back on allegations involving the gun pouch that was found with the firearm after Hallie Biden threw the gun it in a dumpster. Prosecutors allege that the pouch had cocaine residue on it, but Lowell said it was never checked for fingerprints and called into question its chain of custody.
“Hunter has never asked anyone to excuse his mistakes,” Lowell said, before asking jurors to find him not guilty.
As Lowell delivered his opening statement, first lady Jill Biden, Hunter Biden’s wife Melissa Cohen Biden, and his stepsister Ashley Biden sat largely stoic in the gallery. Hunter Biden kept his eyes on Lowell and his hands clasped. Jurors paid close attention, with several taking notes.
Jun 04, 10:51 AM Hunter Biden ‘chose to lie,’ prosecutor tells jury
Government prosecutors told jurors in the trial’s opening statements that they should make “no distinction for Hunter Biden or anybody else” as they weigh the gun case against the president’s son.
Hunter Biden “chose to lie,” prosecutor Derek Hines said, laying out the case that the defendant purchased a gun while knowing he was an addict and drug user.
Hines said Hunter Biden bought the firearm from a gun seller who will testify as a witness that the younger Biden filled out form 4473 — consenting to a federal background check — and certified that he understood the form. The prosecution said it will show Hunter Biden “bought a gun and lied during a background check.”
The man who sold Hunter Biden the gun will testify that he watched the defendant fill out the form.
The gun was then “taken by someone concerned he had a gun. That person was Halle Biden,” Hines said, referring to Hunter Biden’s romantic partner at the time.
Halle Biden disposed of the gun in a dumpster, where it was retrieved by a man who will also be a witness called by the government.
“The police were called” when Halle Biden went to retrieve the gun, Hines said.
Hines, in his opening, said evidence will show that “Hunter Biden knew he was a drug user and a drug addict” when he filled out the form.
Hines cited Hunter Biden’s memoir, “Beautiful Things,” in which he wrote he had a “superpower of buying crack anywhere, anytime.”
In text messages presented by the prosecution, Hunter Biden acknowledged, “I am an addict.”
Jun 04, 10:09 AM ‘No one is above the law,’ prosecutor says in opening
Opening statements got underway in Hunter Biden’s gun trial after nearly an hour-long delay.
The jury was seated just before 10 a.m.
“No one is above the law,” prosecutor Derek Hines said in his opening statement, addressing the jury from the lectern.
“It doesn’t matter who you are or what your name is,” Hines told them.
Jun 04, 9:29 AM Judge says they ‘lost’ a juror overnight
Judge Maryellen Noreika took the bench this morning and announced they had “lost” one juror overnight after she “begged” to be released due to travel difficulties.
“We lost a juror overnight,” Judge Noreika said, noting the juror explained she lives far away and does not have a car. Noreika did not specifically address how they would be moving forward, but there are four alternates who were seated yesterday as part of the jury.
Opening statements had still not gotten underway as of 9 a.m., as the court was still awaiting the arrival of four of the jurors.
Judge Noreika used the time to address a number of motions, including rejecting a motion from Hunter Biden’s attorney Abbe Lowell seeking to exclude from evidence a number of photos of Hunter Biden.
The government said they needed a photo to prove Biden was in Malibu at a particular time, and the judge agreed to admit it.
First lady Jill Biden was back in her same front-row seat as yesterday, seated between Hunter Biden’s wife Melissa and Jill Biden’s daughter Ashley Biden.
Jun 04, 8:46 AM Hunter Biden arrives at courthouse
Hunter Biden has arrived at the courthouse for Day 2 of his federal gun trial.
He was accompanied by wife, Melissa Cohen Biden.
Jun 04, 7:26 AM Arguments to get underway this morning
Hunter Biden returns to court this morning for the start of arguments in his federal gun trial.
Attorneys with special counsel David Weiss’ office and lawyers for Hunter Biden are both scheduled to deliver opening statements in the case.
Judge Maryellen Noreika yesterday swore in a jury of six men and six women, completing the jury selection process in a single day to put the trial two days ahead of schedule.
Jun 03, 6:06 PM Friends, family look on during Day 1 in court
Hunter Biden spent the first day of his gun trial taking notes, reading documents placed in front of him by his attorneys, and often turning to catch a glimpse of the friends and family who came to court to support him.
At one point, he nodded along as a prospective juror spoke about her friend’s overdose after addiction.
Jill Biden was seated behind Hunter Biden all day, and she watched attentively as some jurors told the court that they had such a skewed view of her family that they could not be impartial. The first lady did not appear to react in those moments, but at times her daughter Ashley Biden placed her hand on the first lady’s back in support.
Hunter Biden’s family members also appeared to be actively involved with his defense strategy — at one point standing up and huddling with Hunter Biden’s attorneys Abbe Lowell and David Kolansky after a sidebar.
When court was dismissed, Jill Biden gave Hunter Biden a hug and a kiss before he walked out hand-in-hand with his wife.
Jun 03, 5:49 PM After opening statements, FBI agent will be first witness
Hunter Biden and his stepmother, first lady Jill Biden, departed court at the conclusion of the day’s jury selection proceedings.
With opening statements set for Tuesday, prosecutors said their first witness would be FBI Special Agent Erika Jensen, who will introduce into evidence several of Hunter Biden’s text messages, as well as excerpts from his 2021 memoir, Beautiful Things, and other evidence.
The parties had carved out three days to select a jury, which means the proceedings are currently running ahead of schedule.
Judge Maryellen Noreika told jurors they would likely need to be available for the trial through June 14, with the possibility of deliberations stretching into the week of June 17.
Jun 03, 5:32 PM Jury of six men, six women will hear openings Tuesday
A jury of six men and six women is scheduled to hear opening statements Tuesday in Hunter Biden’s federal gun trial.
An additional four women were chosen as the alternate jurors.
The jurors include a Secret Service retiree, a man whose father was killed by a gun, and a number of jurors whose family and friends have suffered from addiction — a central theme in the case against Hunter Biden.
Juror No. 1 is a woman who recently heard about Hunter Biden’s case on the evening news. Said said her sister is also an addict, but is “currently clean.”
Juror No. 2 is a woman who worked for the Secret Service for nearly 25 years and is now retired. Her husband was a uniformed officer in Washington, D.C.
Juror No. 3 is woman who gets her news from YouTube. When asked what she has heard about the case, she said that it involves guns and drugs.
Juror No. 4 is a woman who said she feels people who smoke weed “should not be allowed” to own a gun, but said she could set that aside.
Juror No. 5 is a currently unemployed man who previously received a DUI for which he pleaded guilty.
Juror No. 6 is a man who said he previously knew about the case. He currently owns three pistols and said, “I believe the Second Amendment is very important.”
Juror No. 7 is a man whose father owned a firearm. He said he knows “some” gun laws.
Juror No. 8 is a man whose father was killed by a gun in 2004. He has a brother who was arrested for drug possession and was sentenced to prison.
Juror No. 9 is a woman whose home was burglarized years ago. She purchased a gun and has had it for over 20 years.
Juror No. 10 is a man whose brother and brother-in-law both suffered from alcoholism and are now both deceased. His niece and nephew both own guns.
Juror No. 11 is a woman whose family hunts and has hunting rifles. She said her “childhood best friend” passed away from a drug overdose.
Juror No. 12 is a man whose older brother is an addict who has been to rehab multiple times for PCP and heroin. He said the brother had a gun but he was not sure when.
Jun 03, 4:24 PM Jury is seated
The jury of 12 jurors and four alternates has been seated in Hunter Biden’s federal gun trial.
The panel was picked from 250 prospective jurors who arrived at the courthouse this morning for the voir dire process.
Jun 03, 1:50 PM Many prospective jurors know of Hunter Biden’s travails
Judge Maryellen Noreika has so far quizzed more than 50 Delaware residents about their fitness to serve as jurors in the first trial of a sitting president’s son. And being Delaware — a small state that Joe Biden represented in the Senate for more than three decades — nearly all of them had some level of familiarity with Hunter Biden’s legal travails.
“I live in Delaware,” one prospective juror said. “You can’t swing a cat without hearing something.”
“Delaware is a small place,” another said. “So you hear stuff.”
Several jurors said they had heard or read about this trial specifically. Most had only a cursory understanding of the case, but others expressed a detailed accounting of the charges. A few jurors mentioned the ill-fated plea deal that Hunter Biden initially struck with prosecutors last summer.
“At one time there was a deal, and then there wasn’t,” one man said.
One woman had even read Hunter Biden’s memoir, “Beautiful Things,” which prosecutors plan to use to help prove their case. She was excused by the judge.
President Joe Biden has emerged repeatedly in questioning, with prospective jurors expressing both positive and negative feelings on his presidency. One woman said she believed that Hunter Biden was facing charges largely because his father is the president.
“I think it was a very strong factor,” she said.
Several others have been dismissed for harboring negative views toward the Bidens. Asked for his opinion about the president, one man said, “Not a good one.” Another man said, “Negative toward the defendant.” Both were excused.
The jury questionnaire also includes several questions about drug and alcohol addiction — an affliction that many prospective jurors said has personally affected them.
One woman held back tears as she described how her best friend had died of a heroine overdose. Another man said his daughter is a recovering addict.
“Everybody needs a second chance,” he said.
Judge Noreika has been pressing ahead, intent on getting a jury seated as soon as possible — perhaps even by the end of the day.
In addition first lady Jill Biden and Hunter Biden’s wife Melissa, his sister Ashley Biden attended court during the morning session, and his confidant and financier Kevin Morris is also in attendance.
Jun 03, 10:26 AM President Biden says he has ‘boundless love’ for his son
President Joe Biden said in a statement issued this morning that he has “boundless love” for his son.
“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,” Biden said in the statement as jury selection got underway.
“A lot of families have loved ones who have overcome addiction and know what we mean,” the president said.
“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,” he said. “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.”
Jun 03, 10:10 AM Jurors face individual questioning as Jill Biden looks on
After filling out the jury questionnaire, the first panel of prospective jurors are being brought into the court room one-by-one to face individual questioning from the judge and both parties. As of about 9:45 a.m. ET, the court had made it through the questioning of just six jurors.
The prospective jurors so far have include a woman who worked with the Secret Service for over two decades and whose husband was a uniformed officer in Washington, D.C., at locations including the White House.
One prospective juror who volunteered for Hilary Clinton’s 2008 campaign prompted the first mention of President Joe Biden — though not by name.
Judge Norieka asked that prospective juror if her work volunteering and donating to Democratic campaigns would prevent her from being fair in a case that involved “the son of the Democratic president of the United States.”
She said it would not.
The exchange occurred as first lady Jill Biden sat in the front row of the gallery, watching intently as each juror answered their questions. The first lady is sitting next to Hunter Biden’s wife, Melissa.
Earlier, a prospective juror was struck for cause because of his firm views on guns, after he told the judge he thought gun ownership was a “God-given right.” He said he would not be able to be impartial in a case where someone was prevented from buying a gun due to federal law.
Jun 03, 9:39 AM 1st batch of 50 jurors sworn in
Hunter Biden’s arrival through the front entrance of the J. Caleb Boggs Federal Building this morning means he would have passed an enormous portrait of his father, which hangs in every federal courthouse in the country.
The first batch of 50 jurors were sworn in by Judge Noreika, who instructed them not to discuss the case with anyone, including family, or to conduct any research on the case or to read any news about it.
Reporters monitoring the proceedings from the overflow room could not hear most of Noreika’s statement due to technical difficulties. As technicians tried to fix the issue, they turned on a TV that happened to be playing an attack ad against Joe Biden.
Jun 03, 8:58 AM Hunter Biden, first lady Jill Biden arrive at courthouse
Hunter Biden has arrived at the courthouse for the start of his federal gun trial this morning.
His mother, first lady Jill Biden, is also attending.
Jun 03, 7:46 AM Prospective jurors will be asked about president
Two hundred and fifty Delaware residents have been summoned to the courthouse in downtown Wilmington, where they will face typical questions about their fitness to serve as jurors.
But because this is the trial of the son of a sitting president, there will be some novel topics covered during the jury selection process known as “voir dire.”
Among the questions jurors will be asked: “If you were eligible to vote in any election(s) in which Joseph R. Biden was a candidate, would that fact prevent you from maintaining an open, impartial mind until all of the evidence is presented, and the instructions of the Court are given?”
And “Do you believe Robert Hunter Biden is being prosecuted in this case because his father is the President of the United States and a candidate for President?”
Jun 03, 7:20 AM Judge rules annotated form can’t be used as evidence
On the eve of trial, U.S. District Judge Maryellen Noreika threw a wrench in one of the key arguments attorneys for Hunter Biden were planning to advance, ruling that an annotated copy of the federal form Hunter Biden is accused of lying on would be excluded from evidence.
The original document, called an ATF Form 4473, was created in 2018 when Hunter Biden purchased the firearm. But in 2021, gun store employees made a copy that included some handwritten notes. Defense attorney Abbe Lowell contended that employees had “tampered with” the document, and that it raised questions about “who wrote what on the form, and when.”
Lowell hoped his argument would undermine the credibility of some key government witnesses — the people who sold Biden the gun — and potentially create a reasonable doubt that Hunter Biden was the one who actually checked that box.
Attorneys for special counsel David Weiss’ office have said the gun shop employees merely “annotated” the form and urged Noreika to prevent Lowell from introducing it into evidence.
Late Sunday, Noreika sided with Weiss.
Jun 03, 6:50 AM Jury selection set to get underway
Jury selection is scheduled to get underway today in the federal gun trial of Hunter Biden, who authorities say broke the law when he purchased a Colt revolver in 2018.
President Joe Biden’s son faces two counts of making false statements while purchasing the firearm and a third count of illegally obtaining it while addicted to drugs.
Although the charges together carry a possible sentence of up to 25 years, legal experts say that, as a first-time and nonviolent offender, Hunter Biden would not likely serve time if convicted.
The trial, in Delaware federal court, is expected to last two to three weeks.
Hunter Biden, son of U.S. President Joe Biden, joined by his his wife Melissa Cohen Biden, depart from the J. Caleb Boggs Federal Building on June 04, 2024 in Wilmington, Delaware. (Anna Moneymaker/Getty Images)
(WILMINGTON, Del.) — Testimony in the gun trial of Hunter Biden began Tuesday as jurors for the first time heard the president’s son describe in his own voice the years he spent battling “nonstop” drug addiction.
The younger Biden faces three counts of lying on a federal form about his drug use to procure a firearm in 2018, and attorneys for the two parties on Tuesday established the central question confronting jurors: whether he “knowingly” lied.
Multiple Biden family members attended the proceedings for a second day in a row, including first lady Jill Biden and President Joe Biden’s daughter, Ashley Biden. In the coming days, several other Bidens are expected to take the witness stand, including Hunter Biden’s ex-wife, his brother’s widow, his uncle, and perhaps even his daughter.
Testimony resumes Wednesday at 9:00 a.m. ET.
Here are four big takeaways from Day 2 of the proceedings:
Contours of the case take shape
Government prosecutors and defense counsel sparred in opening statements Tuesday morning about whether Hunter Biden knowingly lied on a federal gun form — the act underpinning the three felony counts he now faces.
Prosecutor Derek Hines told jurors they should make “no distinction for Hunter Biden or anybody else” as they weigh the case against the president’s son. Biden is on trial “because he chose to lie” on the ATF Form 4473 about his drug use.
“No one is allowed to lie on a federal form like that,” Hines said. “Not even Hunter Biden.”
Abbe Lowell, an attorney for Biden, rebutted the premise that Hunter Biden “knowingly” lied, suggesting instead that his client misunderstood the form and was not actively abusing drugs at the time.
“He did not knowingly violate these laws,” Lowell said, since there was “nothing on the form about the definition of a user.”
Lowell told the jury that Hunter Biden was using alcohol at the time of the gun purchase, but that his drug use “did not start until later.” During the time in 2018 that Hunter Biden was in Delaware, where he purchased the gun, his behavior was “totally inconsistent” with how he presented when he was on drugs.
“He spoke with his father, his uncle, his daughters,” Lowell said, suggesting they would have noticed if he was “smoking crack every 15 minutes,” in the manner that Hunter Biden described in his memoir, Beautiful Things.
“There is no such thing as a high functioning crack addict,” Lowell told jurors.
Hunter Biden is heard in his own words
Hunter Biden may never take the witness stand in his own defense — but that did not prevent jurors from hearing his voice.
Prosecutors played excerpts from the audiobook of Hunter Biden’s memoir — which Hunter Biden himself narrated — over booming loudspeakers in the courtroom for jurors to hear. His words depicted in vivid detail his “nonstop debauchery” as a crack addict in early 2018, just months before he purchased the Colt Cobra firearm.
Hunter Biden, in the audio excerpts, described a “crack-filled cross-country odyssey” in 2017 and recounted how his abuse of crack ramped up to the point where he was using it “every hour, every day.”
It wasn’t just jurors who heard Hunter Biden’s painful memories. His family — wife, stepmother, and half-sister — also listened from their seats in the gallery. First lady Jill Biden and her daughter Ashley Biden sat shoulder-to-shoulder for much of the day, often leaning their heads against one another.
At one point, as Hunter Biden recalled a particularly debaucherous 12-day “roll” in Los Angeles, the first lady lifted her left arm and draped it around her daughter’s shoulders.
Prosecutors also introduced several text messages into evidence, including one Hunter Biden sent to his brother’s widow, Hallie Biden, as their romantic relationship was falling apart.
“I’m liar and a thief, and a blamer and a user, and I’m delusional and an addict, unlike the beyond and above all addicts that you know, and I’ve ruined every relationship that I’ve ever cherished,” he wrote.
Infamous laptop introduced into evidence
Prosecutors introduced into evidence the infamous laptop that emerged in the news ahead of the 2020 presidential election, after Hunter Biden allegedly left it with a Wilmington, Delaware, computer repairman.
Attorneys for Hunter Biden had previously attempted to preclude the laptop as evidence in the trial, arguing that they have “numerous reasons to believe the data had been altered and compromised before investigators obtained the electronic material.” But special counsel David Weiss argued in court filings that attorneys for Hunter Biden had not “provided any evidence or information that shows that his laptop contains false information,” and the judge agreed to admit it as evidence.
With that in context mind, prosecutors said they cross-referenced every email, WhatsApp message, iMessage, and text message they found with Apple Inc. to establish the credibility of the data.
“Ultimately, in examining that laptop, were investigators able to confirm that it was Hunter Biden’s laptop?” Hines asked FBI witness Erika Jensen.
“Yes,” she replied.
Jensen explained that investigators identified a serial number on the laptop that “matches the Apple subpoena records … of this particular device to the iCloud account at a particular date.”
Prosecutors also showed jurors an invoice for $85 from the Wilmington computer repair shop where Hunter Biden dropped off the laptop for repair, which had been sent to an email address belonging to Hunter Biden.
Biden family members could take stand next
The trial will resume Wednesday when Jensen continues her cross-examination. Lowell said he had at least one additional topic to cover before turning her back over to the government.
After Jensen, prosecutors suggested that Hallie Biden, the widow of Hunter Biden’s brother Beau Biden, would take the stand next, followed by Hunter Biden’s ex-wife Kathleen Buhle.
Lowell on Tuesday also said that James Biden, the president’s brother, would take the stand for the defense — as might one of his Hunter Biden’s daughters.
(NEW YORK) — Interruptions, distractions and multitasking led to a near-collision between an American Airlines flight and a Delta flight moving at 120 MPH down a runway at John F. Kennedy International Airport last year, according to a report released on Tuesday by the National Transportation Safety Board.
The agency’s abstract report on the Jan. 13, 2023, incident provided more details about what led to the incident and how a specialized detection system prevented a worse outcome.
Air traffic controllers cleared a Delta Air Lines 737 for takeoff on Runway 4L, however, 20 seconds after the Delta plane began its takeoff an American Airlines B-777 destined for London crossed the same runway without a clearance, according to the report.
NTSB investigators said numerous factors contributed to the American Airlines captain’s mistake, including “interruptions and multitasking that were happening on the flight deck during critical moments of ground navigation.”
“The other two flight crewmembers didn’t catch the captain’s error because they were both engaged in tasks that diverted their visual attention from outside the airplane,” the agency said in a statement.
Additionally, investigators said the ground controller who provided taxi instructions to the American flight, “didn’t notice the aircraft turned onto the wrong taxiway because he was performing a lesser priority task that involved looking down,” the report said.
The probe found that when the Delta flight accelerated down the runway, JFK’s Airport Surface Detection Equipment – Model X, or ASDE-X, issued aural and visual alerts in the air traffic control tower.
Five seconds after the alerts were issued, the controller canceled the Delta plane’s takeoff clearance, which prompted its pilot to decelerate as the American jet crossed in front of it, according to the NTSB.
The NTSB has pushed for ASDE-X technology to be installed at airports since 1991. JFK installed its ASDE-X in 2009 and is one of 35 major airports to have it equipped, according to the NTSB.
“Our investigation also makes clear why we’ve long supported systems that warn flight crews of risks directly: because every second matters,” NTSB Chair Jennifer Homendy said in a statement.
The agency has issued several recommendations in light of the incident including encouraging flight crews to verbalize the number of the runway they are about to cross, and pushing aircraft and avionics manufacturers to develop an improved system that would alert flight crews of traffic on runways.
Additionally, the NTSB called on the Federal Aviation Administration to require all planes to be fitted with cockpit voice recorders that record 25 hours of audio instead of two hours.
The American flight’s recordings were lost in this case because the plane continued to London and the data was overwritten, according to the agency.
(NEW YORK) — Former President Donald Trump on Tuesday asked the judge who presided over his New York criminal hush money trial to lift the limited gag order that prevents him from speaking about witnesses, jurors and others associated with the case.
Defense attorney Todd Blanche said in a letter to the court that the gag order is no longer warranted since the trial has ended.
“Now that the trial is concluded, the concerns articulated by the government and the Court do not justify continued restrictions on the First Amendment rights of President Trump — who remains the leading candidate in the 2024 presidential election — and the American people,” the letter said.
Blanche’s letter references “continued public attacks” by prosecution witnesses Michael Cohen and Stormy Daniels, both of whom Trump has been restrained from verbally attacking. The letter also makes several arguments about politics and President Joe Biden, who has never been off-limits per the gag order.
There was no immediate comment from the Manhattan district attorney’s office.
A jury found Trump guilty last week on all 34 felony counts of falsifying business records related to a 2016 hush money payment to Daniels, an adult film actress, in order to boost his electoral prospects in the 2016 presidential election.
It marks the first time in history that a former U.S. president has been convicted on criminal charges.
(NEW YORK) — A search continued on Tuesday for a pair of gunmen who opened fire on a man in a New York City playground, hitting two children in the line of fire, police said.
The shooting in the Brownsville neighborhood of Brooklyn erupted Monday night as the girls were playing on a field at the Hilltop Playground, according to New York City Police Department investigators.
The injured girls were identified by relatives as 9-year-old Ruanna Brown and her 11-year-old cousin, Empress Alexander Davis.
Empress’ mother was sitting on a nearby park bench watching the girls play on the artificial grass of the playground’s main field when the shooting occurred, relatives said.
“My heart fell out of my chest to hear my daughter was shot. First thing I thought was Lord take my life and not hers,” Ruanna’s mother, Melissa Alexander, told ABC New York City station WABC-TV. “I’m lost for words. I’m devastated. I’m hurt. I cried all night, all morning. I just want my baby to be safe.”
Alexander said her daughter was shot in her right knee while Empress, who remained hospitalized Tuesday, was hit in the back.
Ruanna told WABC Tuesday that she is “feeling OK.”
“I was a little nervous so I didn’t talk too much but the doctors were trying to make me talk a lot so I wouldn’t fall asleep,” said Ruanna, who was released from the hospital and is recovering at home. “So, I didn’t really have a lot to say, but they were asking me questions about my summer.”
Alexander said her daughter woke up all night because she was afraid she was alone.
In an interview from her hospital bed, Empress recalled details of the shooting.
“I could feel my shoulder, and then my cousin was screaming about a leg or a knee,” Empress told WABC.
The shooting erupted around 9:05 p.m. as the girls were playing, Assistant Chief Scott Henderson, commanding officer of the Brooklyn North patrol division, said at a news conference at the playground where the girls were shot.
“Unfortunately, we’re here on a nice spring evening to talk about yet another senseless act of gun violence directed toward our most vulnerable youth,” Henderson said.
Henderson said the preliminary investigation indicates that two gunmen fired at least six rounds at an individual. While the gunshots missed the targeted individual, the children were hit by errant bullets. Henderson said there is no evidence that the gunfire was meant for the children.
“At this time, it is unknown who the intended target was,” Henderson said.
NYPD Deputy Chief John Mastronardi, commanding officer of the Detective Borough Brooklyn North, said security video reviewed by detectives captured two gunmen entering the playground and both opening fire on the yet-to-be-identified individual, but ended up hitting the girls instead.
No arrests have been announced as of Tuesday afternoon and detectives asked for the public’s help in identifying the gunmen.
Henderson said family members drove both girls to Brookdale Hospital.
A motive for the shooting remains under investigation.
“At this time, we’re exploring multiple avenues of possible motives for this type of incident, but we’re not going to rule out gang-related incidents that are problematic to this particular area of Brooklyn,” Mastronnardi said.
He pointed out several pairs of shoes scattered on the playground, including those worn by the young victims.
Henderson said investigators recovered shell casings at the scene from two different caliber guns.
“Our detectives will be working diligently to apprehend the individuals responsible for this horrendous act of violence,” Henderson said.
Alexander had a message for the assailants who injured the children: “Get a life.”
“There’s so much more constructive things to do. You’re putting children’s lives at stake. Innocent children,” Alexander said.
Parents and grandparents who frequent the park said the shooting left them worried for their children.
“I’m angry. I’m upset. I’m hurt because it’s local children that are in this park all the time. I was in the park with my grandson, who is a year old,” one resident told WABC, adding she knows one of the girls who was shot and saw her at the playground over the weekend.
The young victims are among 324 children 11 years old or younger who have been shot in incidents across the nation in the first five months of the year, including 94 who were killed, according to the Gun Violence Archive, a website that tracks all U.S. shootings.
Hunter Biden, son of U.S. President Joe Biden, departs the J. Caleb Boggs Federal Building and United States Courthouse on July 26, 2023 in Wilmington, Delaware. (Photo by Mark M
(WILMINGTON, Del.) — President Joe Biden’s son Hunter Biden is on trial in Delaware on three felony charges related to his efforts to obtain a firearm in 2018 while allegedly addicted to drugs.
The son of a sitting president has never before faced a criminal trial.
The frequency of updates may be limited due to federal court restrictions:
Jun 04, 1:31 PM Family ‘fighting off tears’ hearing audio from Hunter Biden’s memoir
In the first exhibits presented in the government’s case, prosecutors played excerpts from the audiobook of Hunter Biden’s 2021 memoir “Beautiful Things” — in which jurors heard in his own words about some of the most personal low points of his yearslong addiction to crack cocaine.
FBI Special Agent Erika Jensen, the government’s first witness, introduced about a dozen audio excerpts played out over an hour, as Hunter Biden’s voice boomed over the courtroom’s loudspeakers while his stepmother, first lady Jill Biden, and several other members of his family sat in attendance.
“I used my superpower of finding crack cocaine anytime, anywhere,” Hunter Biden said of the year 2018 — the same year he purchased the gun that prosecutors say he lied to get. The audio contained passages in which he spoke about the darkest and most dangerous moments of his addiction — at one point doing cocaine in the bathroom while on a graduation trip with his daughter. .
Jill Biden and her daughter Ashley Biden sat shoulder-to-shoulder as the clips played out, at times leaning their heads against one another. At one point, as Hunter Biden’s voice was heard describing a raucous 12-day bender in Los Angeles, Jill Biden lifted her left arm and draped it around Ashley’s shoulders.
A person sitting with the family told ABC News they were both “fighting off tears.”
Hunter Biden, for the most part, stared intently into the nearby monitor displaying the book’s contents, at one point slightly nodding along as he reheard some of his most painful struggles. The jurors appeared largely engaged, with many taking notes and looking up at the screen to follow along.
Jun 04, 12:04 PM Defense says Hunter Biden wasn’t addict at time of purchase
Hunter Biden’s attorney sought to cast doubt on the government’s narrative during his opening statement, claiming that Hunter Biden was not actively using drugs at the time of his gun purchase and therefore did not “knowingly” lie on the federal form barring drug users from procuring a firearm.
“He did not knowingly violate these laws,” attorney Abbe Lowell said, since there was “nothing on the form about the definition of a user.”
Lowell told the jury that Hunter Biden was using alcohol at the time of the gun purchase, but that his drug use “did not start until later.”
The attorney said that while Hunter Biden was in Delaware, where he purchased the gun, his behavior was “totally inconsistent” with how he presented it when he was on drugs.
“He spoke with his father, his uncle, his daughters,” Lowell said, suggesting they would have noticed if he was “smoking crack every 15 minutes,” as he described in his 2021 memoir, “Beautiful Things.”
“There is no such thing as a high-functioning crack addict,” Lowell said.
Lowell told the jury that Hunter Biden had entered a 12-day rehab program in California before returning to Delaware in the fall of 2018, just a week before the gun purchase, shepherded by his “Uncle Jimmy Biden,” who Lowell suggested will testify at trial.
Lowell also pushed back on one of the government’s key pieces of evidence — a text Hunter sent to his then-romantic partner Halle Biden days after purchasing the gun, in which he claimed to be “on a car” smoking crack. Prosecutors said this was evidence that he was using drugs at the time, but Lowell said that, “in reality, he did not want to see Hallie.”
As part of the defense, Lowell also appeared to shift some blame to the owners and employees at the gun store where Hunter Biden purchased the gun, saying they “wanted to make a sale.”
Lowell claimed that Hunter Biden first purchased a BB gun and a knife at the store, and only purchased the gun after they approached him.
“Hunter wouldn’t have known what a speedloader was,” said Lowell, who also claimed the salesman never “took Hunter through” the form to ensure he understood it.
“How quickly does a person check through those boxes?” Lowell asked jurors.
Lowell also pushed back on allegations involving the gun pouch that was found with the firearm after Hallie Biden threw the gun it in a dumpster. Prosecutors allege that the pouch had cocaine residue on it, but Lowell said it was never checked for fingerprints and called into question its chain of custody.
“Hunter has never asked anyone to excuse his mistakes,” Lowell said, before asking jurors to find him not guilty.
As Lowell delivered his opening statement, first lady Jill Biden, Hunter Biden’s wife Melissa Cohen Biden, and his stepsister Ashley Biden sat largely stoic in the gallery. Hunter Biden kept his eyes on Lowell and his hands clasped. Jurors paid close attention, with several taking notes.
Jun 04, 10:51 AM Hunter Biden ‘chose to lie,’ prosecutor tells jury
Government prosecutors told jurors in the trial’s opening statements that they should make “no distinction for Hunter Biden or anybody else” as they weigh the gun case against the president’s son.
Hunter Biden “chose to lie,” prosecutor Derek Hines said, laying out the case that the defendant purchased a gun while knowing he was an addict and drug user.
Hines said Hunter Biden bought the firearm from a gun seller who will testify as a witness that the younger Biden filled out form 4473 — consenting to a federal background check — and certified that he understood the form. The prosecution said it will show Hunter Biden “bought a gun and lied during a background check.”
The man who sold Hunter Biden the gun will testify that he watched the defendant fill out the form.
The gun was then “taken by someone concerned he had a gun. That person was Halle Biden,” Hines said, referring to Hunter Biden’s romantic partner at the time.
Halle Biden disposed of the gun in a dumpster, where it was retrieved by a man who will also be a witness called by the government.
“The police were called” when Halle Biden went to retrieve the gun, Hines said.
Hines, in his opening, said evidence will show that “Hunter Biden knew he was a drug user and a drug addict” when he filled out the form.
Hines cited Hunter Biden’s memoir, “Beautiful Things,” in which he wrote he had a “superpower of buying crack anywhere, anytime.”
In text messages presented by the prosecution, Hunter Biden acknowledged, “I am an addict.”
Jun 04, 10:09 AM ‘No one is above the law,’ prosecutor says in opening
Opening statements got underway in Hunter Biden’s gun trial after nearly an hour-long delay.
The jury was seated just before 10 a.m.
“No one is above the law,” prosecutor Derek Hines said in his opening statement, addressing the jury from the lectern.
“It doesn’t matter who you are or what your name is,” Hines told them.
Jun 04, 9:29 AM Judge says they ‘lost’ a juror overnight
Judge Maryellen Noreika took the bench this morning and announced they had “lost” one juror overnight after she “begged” to be released due to travel difficulties.
“We lost a juror overnight,” Judge Noreika said, noting the juror explained she lives far away and does not have a car. Noreika did not specifically address how they would be moving forward, but there are four alternates who were seated yesterday as part of the jury.
Opening statements had still not gotten underway as of 9 a.m., as the court was still awaiting the arrival of four of the jurors.
Judge Noreika used the time to address a number of motions, including rejecting a motion from Hunter Biden’s attorney Abbe Lowell seeking to exclude from evidence a number of photos of Hunter Biden.
The government said they needed a photo to prove Biden was in Malibu at a particular time, and the judge agreed to admit it.
First lady Jill Biden was back in her same front-row seat as yesterday, seated between Hunter Biden’s wife Melissa and Jill Biden’s daughter Ashley Biden.
Jun 04, 8:46 AM Hunter Biden arrives at courthouse
Hunter Biden has arrived at the courthouse for Day 2 of his federal gun trial.
He was accompanied by wife, Melissa Cohen Biden.
Jun 04, 7:26 AM Arguments to get underway this morning
Hunter Biden returns to court this morning for the start of arguments in his federal gun trial.
Attorneys with special counsel David Weiss’ office and lawyers for Hunter Biden are both scheduled to deliver opening statements in the case.
Judge Maryellen Noreika yesterday swore in a jury of six men and six women, completing the jury selection process in a single day to put the trial two days ahead of schedule.
Jun 03, 6:06 PM Friends, family look on during Day 1 in court
Hunter Biden spent the first day of his gun trial taking notes, reading documents placed in front of him by his attorneys, and often turning to catch a glimpse of the friends and family who came to court to support him.
At one point, he nodded along as a prospective juror spoke about her friend’s overdose after addiction.
Jill Biden was seated behind Hunter Biden all day, and she watched attentively as some jurors told the court that they had such a skewed view of her family that they could not be impartial. The first lady did not appear to react in those moments, but at times her daughter Ashley Biden placed her hand on the first lady’s back in support.
Hunter Biden’s family members also appeared to be actively involved with his defense strategy — at one point standing up and huddling with Hunter Biden’s attorneys Abbe Lowell and David Kolansky after a sidebar.
When court was dismissed, Jill Biden gave Hunter Biden a hug and a kiss before he walked out hand-in-hand with his wife.
Jun 03, 5:49 PM After opening statements, FBI agent will be first witness
Hunter Biden and his stepmother, first lady Jill Biden, departed court at the conclusion of the day’s jury selection proceedings.
With opening statements set for Tuesday, prosecutors said their first witness would be FBI Special Agent Erika Jensen, who will introduce into evidence several of Hunter Biden’s text messages, as well as excerpts from his 2021 memoir, Beautiful Things, and other evidence.
The parties had carved out three days to select a jury, which means the proceedings are currently running ahead of schedule.
Judge Maryellen Noreika told jurors they would likely need to be available for the trial through June 14, with the possibility of deliberations stretching into the week of June 17.
Jun 03, 5:32 PM Jury of six men, six women will hear openings Tuesday
A jury of six men and six women is scheduled to hear opening statements Tuesday in Hunter Biden’s federal gun trial.
An additional four women were chosen as the alternate jurors.
The jurors include a Secret Service retiree, a man whose father was killed by a gun, and a number of jurors whose family and friends have suffered from addiction — a central theme in the case against Hunter Biden.
Juror No. 1 is a woman who recently heard about Hunter Biden’s case on the evening news. Said said her sister is also an addict, but is “currently clean.”
Juror No. 2 is a woman who worked for the Secret Service for nearly 25 years and is now retired. Her husband was a uniformed officer in Washington, D.C.
Juror No. 3 is woman who gets her news from YouTube. When asked what she has heard about the case, she said that it involves guns and drugs.
Juror No. 4 is a woman who said she feels people who smoke weed “should not be allowed” to own a gun, but said she could set that aside.
Juror No. 5 is a currently unemployed man who previously received a DUI for which he pleaded guilty.
Juror No. 6 is a man who said he previously knew about the case. He currently owns three pistols and said, “I believe the Second Amendment is very important.”
Juror No. 7 is a man whose father owned a firearm. He said he knows “some” gun laws.
Juror No. 8 is a man whose father was killed by a gun in 2004. He has a brother who was arrested for drug possession and was sentenced to prison.
Juror No. 9 is a woman whose home was burglarized years ago. She purchased a gun and has had it for over 20 years.
Juror No. 10 is a man whose brother and brother-in-law both suffered from alcoholism and are now both deceased. His niece and nephew both own guns.
Juror No. 11 is a woman whose family hunts and has hunting rifles. She said her “childhood best friend” passed away from a drug overdose.
Juror No. 12 is a man whose older brother is an addict who has been to rehab multiple times for PCP and heroin. He said the brother had a gun but he was not sure when.
Jun 03, 4:24 PM Jury is seated
The jury of 12 jurors and four alternates has been seated in Hunter Biden’s federal gun trial.
The panel was picked from 250 prospective jurors who arrived at the courthouse this morning for the voir dire process.
Jun 03, 1:50 PM Many prospective jurors know of Hunter Biden’s travails
Judge Maryellen Noreika has so far quizzed more than 50 Delaware residents about their fitness to serve as jurors in the first trial of a sitting president’s son. And being Delaware — a small state that Joe Biden represented in the Senate for more than three decades — nearly all of them had some level of familiarity with Hunter Biden’s legal travails.
“I live in Delaware,” one prospective juror said. “You can’t swing a cat without hearing something.”
“Delaware is a small place,” another said. “So you hear stuff.”
Several jurors said they had heard or read about this trial specifically. Most had only a cursory understanding of the case, but others expressed a detailed accounting of the charges. A few jurors mentioned the ill-fated plea deal that Hunter Biden initially struck with prosecutors last summer.
“At one time there was a deal, and then there wasn’t,” one man said.
One woman had even read Hunter Biden’s memoir, “Beautiful Things,” which prosecutors plan to use to help prove their case. She was excused by the judge.
President Joe Biden has emerged repeatedly in questioning, with prospective jurors expressing both positive and negative feelings on his presidency. One woman said she believed that Hunter Biden was facing charges largely because his father is the president.
“I think it was a very strong factor,” she said.
Several others have been dismissed for harboring negative views toward the Bidens. Asked for his opinion about the president, one man said, “Not a good one.” Another man said, “Negative toward the defendant.” Both were excused.
The jury questionnaire also includes several questions about drug and alcohol addiction — an affliction that many prospective jurors said has personally affected them.
One woman held back tears as she described how her best friend had died of a heroine overdose. Another man said his daughter is a recovering addict.
“Everybody needs a second chance,” he said.
Judge Noreika has been pressing ahead, intent on getting a jury seated as soon as possible — perhaps even by the end of the day.
In addition first lady Jill Biden and Hunter Biden’s wife Melissa, his sister Ashley Biden attended court during the morning session, and his confidant and financier Kevin Morris is also in attendance.
Jun 03, 10:26 AM President Biden says he has ‘boundless love’ for his son
President Joe Biden said in a statement issued this morning that he has “boundless love” for his son.
“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,” Biden said in the statement as jury selection got underway.
“A lot of families have loved ones who have overcome addiction and know what we mean,” the president said.
“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,” he said. “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.”
Jun 03, 10:10 AM Jurors face individual questioning as Jill Biden looks on
After filling out the jury questionnaire, the first panel of prospective jurors are being brought into the court room one-by-one to face individual questioning from the judge and both parties. As of about 9:45 a.m. ET, the court had made it through the questioning of just six jurors.
The prospective jurors so far have include a woman who worked with the Secret Service for over two decades and whose husband was a uniformed officer in Washington, D.C., at locations including the White House.
One prospective juror who volunteered for Hilary Clinton’s 2008 campaign prompted the first mention of President Joe Biden — though not by name.
Judge Norieka asked that prospective juror if her work volunteering and donating to Democratic campaigns would prevent her from being fair in a case that involved “the son of the Democratic president of the United States.”
She said it would not.
The exchange occurred as first lady Jill Biden sat in the front row of the gallery, watching intently as each juror answered their questions. The first lady is sitting next to Hunter Biden’s wife, Melissa.
Earlier, a prospective juror was struck for cause because of his firm views on guns, after he told the judge he thought gun ownership was a “God-given right.” He said he would not be able to be impartial in a case where someone was prevented from buying a gun due to federal law.
Jun 03, 9:39 AM 1st batch of 50 jurors sworn in
Hunter Biden’s arrival through the front entrance of the J. Caleb Boggs Federal Building this morning means he would have passed an enormous portrait of his father, which hangs in every federal courthouse in the country.
The first batch of 50 jurors were sworn in by Judge Noreika, who instructed them not to discuss the case with anyone, including family, or to conduct any research on the case or to read any news about it.
Reporters monitoring the proceedings from the overflow room could not hear most of Noreika’s statement due to technical difficulties. As technicians tried to fix the issue, they turned on a TV that happened to be playing an attack ad against Joe Biden.
Jun 03, 8:58 AM Hunter Biden, first lady Jill Biden arrive at courthouse
Hunter Biden has arrived at the courthouse for the start of his federal gun trial this morning.
His mother, first lady Jill Biden, is also attending.
Jun 03, 7:46 AM Prospective jurors will be asked about president
Two hundred and fifty Delaware residents have been summoned to the courthouse in downtown Wilmington, where they will face typical questions about their fitness to serve as jurors.
But because this is the trial of the son of a sitting president, there will be some novel topics covered during the jury selection process known as “voir dire.”
Among the questions jurors will be asked: “If you were eligible to vote in any election(s) in which Joseph R. Biden was a candidate, would that fact prevent you from maintaining an open, impartial mind until all of the evidence is presented, and the instructions of the Court are given?”
And “Do you believe Robert Hunter Biden is being prosecuted in this case because his father is the President of the United States and a candidate for President?”
Jun 03, 7:20 AM Judge rules annotated form can’t be used as evidence
On the eve of trial, U.S. District Judge Maryellen Noreika threw a wrench in one of the key arguments attorneys for Hunter Biden were planning to advance, ruling that an annotated copy of the federal form Hunter Biden is accused of lying on would be excluded from evidence.
The original document, called an ATF Form 4473, was created in 2018 when Hunter Biden purchased the firearm. But in 2021, gun store employees made a copy that included some handwritten notes. Defense attorney Abbe Lowell contended that employees had “tampered with” the document, and that it raised questions about “who wrote what on the form, and when.”
Lowell hoped his argument would undermine the credibility of some key government witnesses — the people who sold Biden the gun — and potentially create a reasonable doubt that Hunter Biden was the one who actually checked that box.
Attorneys for special counsel David Weiss’ office have said the gun shop employees merely “annotated” the form and urged Noreika to prevent Lowell from introducing it into evidence.
Late Sunday, Noreika sided with Weiss.
Jun 03, 6:50 AM Jury selection set to get underway
Jury selection is scheduled to get underway today in the federal gun trial of Hunter Biden, who authorities say broke the law when he purchased a Colt revolver in 2018.
President Joe Biden’s son faces two counts of making false statements while purchasing the firearm and a third count of illegally obtaining it while addicted to drugs.
Although the charges together carry a possible sentence of up to 25 years, legal experts say that, as a first-time and nonviolent offender, Hunter Biden would not likely serve time if convicted.
The trial, in Delaware federal court, is expected to last two to three weeks.
(NEW YORK) — New York state is weighing landmark legislation that would prevent tech platforms like Instagram and TikTok from using algorithms for social media feeds viewed by children.
The measure would require social media companies to present posts to children in the order they’re issued by followed accounts, eliminating the role of algorithms that shape the stream of content.
Democratic New York Gov. Kathy Hochul, who backs the bill, is near an agreement with the legislature for passage, according to a source familiar with the negotiations.
The bill has drawn opposition from some advocacy and industry groups, including TechNet, a trade organization that represents companies such as Google, Snap, Meta, Amazon and Apple. TechNet did not respond to ABC News’ request for comment.
Supporters of the measure fault social media algorithms for addicting young users and harming their mental health. Opponents, on the other hand, say the legislation could worsen content feeds by limiting tools that filter harmful speech and risks infringing on the First Amendment.
Here’s what to know about the proposed social media regulation:
What would the measure do? The proposed legislation would restrict the use of algorithms for social media accounts that belong to individuals under the age of 18.
The removal of algorithm-fueled feeds would reduce the addictiveness of the apps and ease the harm inflicted upon minors, proponents say.
The bill would also disallow social media apps from sending notifications to minors during late night and early morning hours without parental consent.
At a press event in Albany, New York last week, Hochul accused the social media companies of “bombarding young people with these absolutely addictive algorithms.”
A Senate version of the bill claims that minors are uniquely vulnerable to the addictive quality of social media platforms.
“Children are particularly susceptible to addictive feeds because they provide a non-stop drip of dopamine with each new piece of media and because children are less capable of exercising the impulse control necessary to mitigate these negative effects,” the measure says.
The call for bolstered online protections for children gained momentum in the aftermath of revelations in 2021 from then-Facebook whistleblower Frances Haugen, who released internal research showing that the company understood the danger that Facebook-owned Instagram posed for some teen girls.
Last year, U.S. Surgeon General Vivek Murthy warned in a new advisory that excessive social media can pose a “profound risk” to the mental health of children.
Who are the supporters and opponents of the bill? The measure is backed by Hochul, New York Attorney General Letitia James and a bipartisan group of New York state legislators.
A set of advocacy groups and teachers unions also supports the measure, including the United Federation of Teachers, Mothers Against Media Addiction and the New York Urban League.
The bill, along with another that protects children’s data privacy, offers New York legislators “the ripe occasion to take meaningful action at a pivotal time in history,” the group of nonprofits said in a statement in April.
On the opposing side, a coalition of trade and activist groups warn of unintended consequences and the difficulty of verifying the age of app users.
Chamber of Progress, a tech industry organization that receives support from dozens of firms such as Meta, Apple and Amazon, warned that the algorithm and data privacy measures could ultimately worsen social media feeds for children.
“Instead of giving teenagers a healthier online experience, New York’s bills could prevent platforms from ensuring age-appropriate feeds for teens,” Chamber of Progress says on its website. “It could mean that whoever posts most recently goes to the top of a teen’s feed — even if that post is spam, hate speech, or other harmful content.”
The New York Inclusive Internet Coalition, a group that says it represents members of marginalized groups in New York, has also criticized the measure as a threat to the community offered by social media platforms.
“We believe the ability to freely use the internet is an important right — particularly for LGBTQ+ youth, undocumented immigrants, young women exercising their reproductive rights, and the elderly,” the organization said in a statement.
“We agree that New York’s young people are facing a mental health crisis, and with the importance of examining how youth interact with social media and the potential harms that may occur. Yet we believe that focusing on regulating social media’s algorithms does not address this crisis’ root causes,” the organization added.
What happens next? The 2024 New York legislative session ends on Thursday, leaving lawmakers little time to approve the measure. If it passes by then, Hochul is expected to sign the bill into law.
If it goes into effect, the measure could face legal challenges from the tech platforms as well as logistical difficulties centered on enforcement, said Aynne Kokas, a professor of media studies at the University of Virginia and author of “Trafficking Data: How China is Winning the Battle for Digital Sovereignty.”
“Any state-level bill would face challenges when trying to manage or provide oversight over large tech platforms,” Kokas told ABC News. “It’s a very difficult challenge and in many ways very unfair to put on under resourced state governments, even in big states like California and New York.”
(ARLINGTON, Va.) — To reach Waverly B. Woodson, Jr.’s final resting place, you start on Eisenhower Drive. At the end of Marshall Drive, you make a half turn around Patton Circle, and there, tucked in the southeast corner, you’ll find grave no. 1172, a simple marble headstone like 400,000 others at Arlington National Cemetery.
Not far away, along the same trajectory, lies the Pentagon, where the question of how to honor Woodson — the forgotten hero of D-Day — has bedeviled the Army in recent years. Woodson was nominated for the Medal of Honor in the summer of 1944. He did not receive it: no Black soldiers received our nation’s highest military honor during World War II.
While I was researching my book, “Forgotten: The Untold Story of D-Day’s Black Heroes,” I learned about Woodson’s nomination. I shared the story with Woodson’s unstoppable wife, Joann, who, along with a battery of allies, began calling on the Army to reconsider Woodson’s case.
Kevin Braafladt, a curious Illinois-based historian with the First Army, picked up the trail, investing two years of his own time hunting for more records that would prove that Woodson — who, along with others in his unit, was awarded the fourth-place Bronze Star — deserved far greater recognition. His report would prompt the Army to reopen the case.
On Monday, Sen. Chris Van Hollen (D-MD), who championed Woodson’s case on Capitol Hill, announced that the Pentagon would posthumously award Woodson the Army’s second-highest honor, the Distinguished Service Cross.
Woodson “has never received the full recognition that his actions clearly merited – largely due to the color of his skin. That’s why we’ve fought for years to secure the acknowledgement he deserved,” Van Hollen said in a statement.
The Woodsons were VIP guests of the French government in 1994, for the 50th anniversary of D-Day. Motorcades swept them from plane to hotel to Omaha Beach. A palm-sized medal that Joann still treasures acknowledged her husband’s service.
That occasion marked the first time Waverly Woodson told his story publicly. “There is no hero, it’s just that you’re there and you do what you can do,” he told ABC News at the time.
Now 95, Joann Woodson waited three more decades for her own country to recognize her husband’s heroics. “There’s not enough words to say how thankful I am,” she said from her home in Clarksburg, Maryland, about the Distinguished Service Cross. “This has been a long time coming.”
Joann Woodson will be watching as her husband’s story is featured in the docuseries “Erased: WW2’s Heroes of Color,” narrated by Idris Elba, which began airing Monday on National Geographic TV and streaming soon after on Disney+/Hulu.
Woodson was a premedical student in Pennsylvania when he enlisted in the Army in December 1942. He passed officer training school but race-based quotas scrubbed his promotion, and he retrained as a medic with the 320th Barrage Balloon Battalion, the only Black combat unit that landed with the infantry on Omaha Beach on D-Day.
On the morning of June 6, 1944, Woodson, 21, was seriously wounded on the approach to Omaha Beach when shrapnel tore into his inner thigh and buttocks. “I am dying,” Woodson thought, according to an account he wrote years after the war.
Another medic patched him up and, beneath a barrage of punishing enemy fire, Woodson set up a medical station and worked though his own pain for the next 30 hours, saving untold lives, until he collapsed. After he was treated on a hospital ship, he asked to go back to the beach.
Woodson returned home a star: his exploits made coast-to-coast news in the Black press. But like many other chapters in U.S. history, Woodson, and his battalion, were excluded from the story of D-Day. Most books do not mention them. Popular films about World War II largely do not show Black fighters.
Yet by the end of that very long day, there would be some 2,000 African Americans on the beaches of Normandy. The 320th Barrage Balloon battalion went on to spend 140 days there while the allies pushed toward Berlin, and victory.
The men of the 320th raised a curtain of hydrogen-filled balloons, armed with small bombs, to protect the men and materiel on the beach from dive-bombing German planes. Other Black troops worked to recover vehicles that sank in the rising tide. Commendations from General Eisenhower lauded two Black units, including the 320th, for their exemplary service.
The Oscar-winning Hollywood director John Ford, who came ashore at Omaha Beach with a Coast Guard camera crew, watched from a position of safety as a Black soldier unloaded supplies from a ship, seemingly oblivious to the relentless machine-gun fire and shells exploding around him. “By God, if anybody deserves a medal, that man does,” Ford wrote some twenty years later.
Odds were against “that man” ever receiving a medal. An independent study commissioned during the Clinton administration concluded that “the racial climate and practice” within the Army during World War II denied Black soldiers the opportunities — and honors — they deserved.
Near Woodson’s grave at Arlington, a road is named after another storied general, Omar Bradley, who once said that every man on Omaha Beach was a hero. But clearly, not all heroes were treated equally. While some received medals and our collective thanks, others were forgotten.
“There were no Black soldiers at D-Day,” I was told throughout the five years I worked on my book. I still hear it today.
Joann Woodson is hoping the Distinguished Service Cross will ensure her husband’s legacy is protected. She is hoping it may even be a stepping stone to the big one — the Medal of Honor. She is not alone. Braafladt, the enterprising historian, has more archives to explore on his to-do list, more records yet to uncover.
“So the search will go on,” he said.
Linda Hervieux is a journalist and author of “Forgotten: The Untold Story of D-Day’s Black Heroes.”
