Day 5 of Hunter Biden’s federal gun trial | CNN Politics

Day 5 of Hunter Biden’s federal gun trial

From CNN's Holmes Lybrand, Marshall Cohen and Hannah Rabinowitz at the courthouse
Updated 5:29 PM EDT, Fri June 7, 2024
Hunter Biden, son of U.S. President Joe Biden, departs federal court after a plea hearing on two misdemeanor charges of willfully failing to pay income taxes in Wilmington, Delaware, U.S. July 26, 2023. REUTERS/Jonathan Ernst
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Ex-federal prosecutor expects Hunter Biden to be found guilty. Hear why
1:53 • Source: CNN
Hunter Biden, son of U.S. President Joe Biden, departs federal court after a plea hearing on two misdemeanor charges of willfully failing to pay income taxes in Wilmington, Delaware, U.S. July 26, 2023. REUTERS/Jonathan Ernst
1:53

What we covered here

  • Hunter Biden’s federal gun trial has adjourned for the day in Wilmington, Delaware. The defense attorneys said they won’t call any more witnesses but have until Monday to decide whether Hunter Biden will testify.
  • Naomi Biden, Hunter Biden’s daughter, took the stand Friday and testified about her pride in seeing her father in rehab in 2018 and said he didn’t do drugs in front of her. She told the jury he “still seemed good” around the time he purchased the gun.
  • The prosecution rested its case Friday morning after presenting several days of evidence of Hunter Biden’s addiction to crack cocaine and hearing from several women who testified about his drug use.
  • The president’s son is accused of illegally purchasing and possessing a gun while abusing or being addicted to drugs. He pleaded not guilty to the three charges, though he has spoken openly about his yearslong addiction to crack cocaine.
  • This is the first time a sitting US president’s child has been on trial. President Joe Biden said Thursday he would not pardon his son if he’s found guilty.

Our live coverage has wrapped for the day. Read more about today’s court proceedings in the posts below.

30 Posts

Prosecutors rest their case: Here are the key takeaways from the 5th day of Hunter Biden's trial

From CNN's Marshall Cohen and Holmes Lybrand

Special counsel prosecutors rested their case against Hunter Biden on Friday, and his lawyers said they’ll decide over the weekend whether he testifies in his own defense.

That would be a bold and risky move for President Joe Biden’s son, who could face prison time if he is convicted of the felony gun charges that he’s facing. He has pleaded not guilty to lying on federal background check forms about his drug use and to possessing a gun while addicted to drugs.

The defense began presenting its case on Friday, calling Biden’s daughter Naomi Biden, who said she was “nervous” and appeared uncomfortable at times, including when confronted by prosecutors about some difficult texts with her father.

Here’s what to know about the fifth day of the trial:

  • Daughter “was hopeful” about Hunter’s recovery: Hunter Biden’s attorneys said earlier on that his daughter Naomi and his uncle James could tell the jury about how the defendant was moving away from drugs and toward recovery around when he bought the gun. Naomi Biden described visiting her father in the summer of 2018, while he was in rehab in Los Angeles. In October 2018 – the month Hunter Biden bought the gun – Naomi saw him briefly in New York to give him back his truck. “We exchanged the car with my dad and he still seemed good, and I was hopeful,” she said.
  • Naomi didn’t see drug remnants in Hunter’s car: During cross-examination by the prosecutors, Naomi Biden testified that she never used drugs and did not bring any drugs or paraphernalia into the truck before returning the vehicle to her father on October 19. Earlier this week Beau Biden’s widow Hallie Biden, who later dated Hunter, testified that she found remnants of crack cocaine in the car when she searched it on October 23, the same day she discovered the gun.
  • “Down to that last decision”: Biden’s team said they want to take the weekend to decide whether the defendant takes the stand in his defense. At least one witness previously described him as “extremely charming,” and he is known to share some of the same folksy affability as his father. He is from Delaware, and his family is a fixture in this state, where all the jurors are from. “We are down to that last decision,” Lowell told the judge.
  • Prosecutors rest their case: As is true in all criminal trials, the burden is on the prosecutors to prove their case beyond a reasonable doubt to a unanimous jury. Nobody is contesting that Hunter Biden was a longtime drug abuser. His memoir is filled with tales of his many crack cocaine binges and relapses. Prosecutors hope the jury will connect the dots between that vast evidence of his addiction and the gun that he bought on October 12, 2018, and possessed for less than two weeks. But, one of the most difficult elements they’ll need to prove is Hunter Biden’s state of mind. And that burden might be his best shot at an acquittal.

See courtroom sketches from Hunter Biden's trial today 

From Bill Hennessy

No cameras are allowed inside the Delaware courtroom where Hunter Biden’s trial is underway, but sketch artist Bill Hennessy captured today’s proceedings as Naomi Biden testified while her father watched nearby.

The defense team’s first witnesses were Jason Turner, an employee at the store where Hunter Biden bought the weapon, and the gun store’s owner, Ronald Palimere.

Hunter Biden watches as his daughter Naomi Biden testifies in court on Friday, June 7, in Wilmington, Delaware.
Hunter Biden watches as his daughter Naomi Biden testifies in court on Friday, June 7, in Wilmington, Delaware.
Bill Hennessy
Naomi Biden testifies in court on Friday in Wilmington, Delaware.
Naomi Biden testifies in court on Friday in Wilmington, Delaware.
Bill Hennessy
Hunter Biden sits in court on Friday in Wilmington, Delaware.
Hunter Biden sits in court on Friday in Wilmington, Delaware.
Bill Hennessy
Gun store employee Jason Tuner.
Gun store employee Jason Tuner.
Bill Hennessy
Gun store owner Ronald Palimere.
Gun store owner Ronald Palimere.
Bill Hennessy

Naomi Biden’s emotional testimony about her father’s addiction and visits with him in 2018

From CNN's senior chief legal correspondent Paula Reid

It was clear speaking about her father was a very painful subject for Naomi Biden, and even though she is a graduate of Columbia Law School, she appeared very uncomfortable on the stand after the defense called her to testify in the trial against Hunter Biden. 

Naomi Biden entered the court with her husband, and first lady Jill Biden immediately motioned for him to come sit next to her among the Biden family and friends who make up at least the first two rows of the courtroom.  

Naomi Biden’s testimony focused on two instances in 2018 when she saw her father.  

The first was in August or September, when she went to visit her dad in Los Angeles. Hunter Biden had reached out to her to come visit him amid his stint in rehab. Hunter Biden offered to arrange the trip and Naomi Biden said she agreed to go, even though she had not seen him in quite some time.  

On the stand, Naomi Biden came across as genuine and compelling as the child of an addict.  

She then testified about a trip to New York City, where he came to pick up a car. She described seeing him at the end of October, and said she seemed “hopeful.” Naomi Biden said her father seemed the same as when she had seen him in Los Angeles. 

On cross examination by prosecutor Leo Wise, she again testified about how she had not seen her father recently because “after my uncle died, things got bad,” around 2015.  

Prosecutors got her to concede that she really did not know what he was like when he was using drugs because she had not seen him for quite some time.  

Naomi Biden seemed a little confused and reticent when confronted with texts appearing to show her father to be somewhat erratic and non-communicative when trying to arrange the hand off of his car.  

She did not remember the exchange and started to appear increasingly uncomfortable when talking about texts her father sent her in the wee hours of the morning about exchanging his car.  

As she left the stand, Naomi Biden gave her dad a cool embrace, a kiss on the cheek, and was seen trembling and wiping away tears as she exited the courtroom. 

Court has adjourned for the day in the Hunter Biden trial

From CNN’s Hannah Rabinowitz, Holmes Lybrand and Marshall Cohen at the courthouse

The jury has been sent home for the day and court has adjourned.

Defense attorneys said in court that James Biden will not be called to testify, nor would any other witnesses.

First lady Jill Biden did not return to court after the lunch break.  

James Biden waits to testify as defense team sticks with Jimmy John's for lunch

From CNN's Holmes Lybrand at the courthouse
James Biden arrives at federal court on Friday, June 7 in Wilmington, Delaware.
James Biden arrives at federal court on Friday, June 7 in Wilmington, Delaware.
Matt Rourke/AP

James Biden is waiting in the witness room down a narrow atrium connected to the courtroom where his nephew is standing trial. He is expected to testify in the defense’s case Friday afternoon.

During lunch, part of Hunter’s legal team was seen carrying boxes of Jimmy John’s sandwiches to the attorney’s side room where Hunter stays during lunch.

“Every day,” one of Biden’s legal team responded.

Hunter Biden's daughter is testifying in his federal gun trial. Here's the latest from court

From CNN staff

Prosecutors have rested their case in Hunter Biden’s federal gun trial, wrapping up Friday after several days of presenting evidence on Biden’s addiction to crack cocaine and the 2018 gun purchase at the center of his charges.

Hunter Biden’s daughter, Naomi Biden, then was on stand as court went to a break for lunch.

Here’s what has happened so far during the fifth day in court:

  • Naomi Biden’s testimony: Naomi Biden testified about her pride in seeing her father in rehab in 2018, and that he did not do drugs in front of her. She also testified that he “still seemed good” around the time he purchased the gun in October 2018. The defense is expected to use her testimony to help blunt the impact of earlier testimony from Hallie Biden, the prosecution’s star witness and Hunter’s former girlfriend, who discussed some of the couple’s darkest moments on the stand.
  • Grilling gun store employees: The defense team’s first witnesses were Jason Turner, an employee at the store where Hunter Biden bought the weapon, and the gun store’s owner, Ronald Palimere. Defense attorney Abbe Lowell — who has attempted to undermine the credibility of store employees — had at-times testy exchanges with the men, scrutinizing the federal form Biden filled out to purchase the gun, on which he is accused of lying about his drug use.
  • Biden team moves for acquittal: As is common in criminal cases, Hunter Biden’s lawyers asked the judge to acquit him once prosecutors had rested their case. One of the grounds used by the prosecution was the Second Amendment, which lays out rights to gun ownership, though Judge Maryellen Noreika sounded skeptical. She will not rule on the prosecution’s motions yet.
  • Still to come: President Joe Biden’s brother, James Biden, is in the courthouse Friday and is expected to be called by the defense.

The prosecution called two additional witnesses before resting Friday:

Naomi Biden appeared emotional after testifying in her father’s trial

From CNN’s Hanah Rabinowitz, Marshall Cohen and Holmes Lybrand at the courthouse

When her testimony was over, Naomi Biden, flanked by two people with their arms around her, walked slowly away from the courtroom. She had a tear streaming down her face, but quickly wiped it away with a shaky hand.  

During her testimony, a member of Hunter Biden’s legal team walked out of the courtroom and whispered, “Naomi is doing really well.”  

Naomi Biden walked into a black SUV and waited there for a few minutes. Then, first lady Jill Biden, along with Hunter’s wife Melissa Cohen Biden left the building and they departed the area at the same time. 

She is not expected to resume testimony after the lunch break.

Emotional texts between Naomi Biden and Hunter Biden shown in court 

From CNN’s Marshall Cohen, Holmes Lybrand and Hannah Rabinowitz at the courthouse

A series of emotional texts between Hunter Biden and his daughter, Naomi, were read to jurors during her testimony on Friday.   

Naomi Biden had asked Hunter Biden if she would see him while he was in New York in late October 2018.  

“I’m really sorry dad I can’t take this,” the texts said, adding that she wanted to “hang out with you.” 

Hunter Biden replied that night he was sorry he had been unreachable.  

Court has taken a break for lunch.

Naomi Biden testifies that Hunter Biden "still seemed good" on October 18, 2018 

From CNN’s Marshall Cohen, Holmes Lybrand and Hannah Rabinowitz at the courthouse

Naomi Biden testified that her father “still seemed good” on October 18, 2018, and said, “I was hopeful,” presumably about his sobriety efforts.

They interacted in New York City at this time, as Hunter Biden was trying to get his truck back from Naomi.

Why this matters: Prosecutors allege that Hunter Biden’s gun possession — from October 12 to 23 in 2018 — was a crime because they say he was a drug user or addict around that time.

Naomi Biden testifies she used Hunter Biden’s car in late Oct. 2018 and didn’t see drugs inside

From CNN’s Marshall Cohen, Holmes Lybrand and Hannah Rabinowitz

During her direct testimony, Naomi Biden also testified that in late October 2018, she used her father’s truck and that she didn’t see drugs inside.  

Hallie Biden had testified earlier during the trial that in late October 2018, she found drug paraphernalia in the car at the same time that she found the gun and residue she thought was from drugs. 

Naomi Biden says she never saw her father do drugs in front of her 

From CNN’s Marshall Cohen, Holmes Lybrand and Hannah Rabinowitz at the courthouse

Naomi Biden said she knew Hunter Biden, her father, was “struggling with addiction” but that she never saw her dad doing drugs in front of her.  

She couldn’t pinpoint exactly when she learned of Hunter Biden’s drug abuse.  

“After my uncle died, things got bad,” she said, referring to Beau Biden’s death in summer 2015. 

Naomi Biden testifies she told her dad she was "so proud of him" during visit to rehab facility

From CNN’s Marshall Cohen, Holmes Lybrand and Hannah Rabinowitz at the courthouse

Recounting the late summer 2018 visit to Los Angeles while Hunter Biden was in treatment, Naomi Biden said she told her father she was “so proud of him” and that she was so happy that she got to introduce her partner – now husband – to him.  

Naomi Biden said her dad “seemed like the clearest he had been since my uncle died … he seemed really great.”  

After seeing Hunter Biden in late October 2018, Naomi Biden said “he seemed great. He seemed hopeful.” 

Prosecutors are now questioning Naomi Biden on cross-examination.  

Naomi Biden’s answers have been quiet and short, generally. Some of her answers were almost close to a whisper.  

Naomi Biden testifies about seeing her dad in Los Angeles rehab facility in summer 2018 

From CNN’s Marshall Cohen, Holmes Lybrand and Hannah Rabinowitz at the courthouse

Naomi Biden testified Friday about taking a trip to see her dad, Hunter Biden, while he was at a rehab facility in Los Angeles in the late summer of 2018.  

“He just seemed really great,” she testified of seeing Biden and having lunch with him.  

“I hadn’t seen my dad in a really long time,” she said, adding later that she was nervous to testify.  

Defense calls Naomi Biden to the stand in case against Hunter Biden 

From CNN’s Marshall Cohen, Holmes Lybrand and Hannah Rabinowitz at the courthouse

The defense has called the daughter of Hunter Biden, Naomi Biden, to the stand. 

Naomi Biden’s testimony is expected to bolster the defense’s effort to blunt the impact of testimony of Hallie Biden, the prosecution’s star witness and Hunter Biden’s former girlfriend.    

She is the granddaughter of President Joe Biden and first lady Jill Biden, who is in attendance in the courtroom.

Witness acknowledges something was wrong with ATF form from Hunter Biden’s gun purchase, but doesn't elaborate

From CNN's Holmes Lybrand, Marshall Cohen and Hannah Rabinowitz at the courthouse

Toward the end of Jason Turner’s testimony, he acknowledged that there was something wrong with the ATF form from Hunter Biden’s gun purchase. However, he did not elaborate as to what was wrong with the form after objections from prosecutors.  

This is part of the defense’s effort to scrutinize the form and the conduct of the gun store employees.   

But the judge has prohibited Hunter Biden’s lawyers from directly revealing to the jury that the employees doctored the form three years later, to make sure it was compliant with federal law.  

The original form wasn’t compliant because it relied solely on Hunter Biden’s passport as a form of identification. But Turner testified that passports need to be supplemented by another ID because they do not have an address listed.

Lowell is questioning Palimere about this topic as well.  

Gun shop employee testifies about processing federal form Hunter Biden filled out to purchase firearm

From CNN's Holmes Lybrand, Marshall Cohen and Hannah Rabinowitz at the courthouse

Defense attorney Abbe Lowell is walking through the federal form Hunter Biden filled out to purchase a firearm with Jason Turner, one of the former employees of the store.  

Turner testified about how he processed the form from Hunter Biden and became frustrated with Lowell’s questions.  

When asked what he was doing at a particular time when Hunter Biden bought the gun, Turner joked: “I put on my ritual robes and went and sat in a marble room.”  

The store’s owner, Ronald Palimere, has now been called by the defense to testify.  

Naomi Biden and James Biden arrive at courthouse 

From CNN’s Kit Maher, Aileen Graef and Casey Gannon
Naomi Biden arrives to federal court on Friday, June 7, in Wilmington, Delaware.
Naomi Biden arrives to federal court on Friday, June 7, in Wilmington, Delaware.
Matt Slocum/AP

Hunter Biden’s daughter, Naomi Biden, and President Joe Biden’s brother, James Biden, entered the courthouse minutes apart from each other.

They are expected to be called by the defense to testify.

Defense calls its first witness

From CNN's Holmes Lybrand, Marshall Cohen and Hannah Rabinowitz at the courthouse

Court is back in session. The defense team’s first witness, gun store employee Jason Tuner, has been called to the stand.

The defense said earlier that they will also call to the stand the owner of the store where Hunter Biden bought the weapon.

Hunter Biden's attorneys move for acquittal

From CNN's Holmes Lybrand and Marshall Cohen at the courthouse

As is common in criminal cases, Hunter Biden’s lawyers have asked the judge to acquit him now that the prosecutors have rested their case.  

One of the grounds is that the prosecution is improper under the Second Amendment.  

Judge Maryellen Noreika sounded skeptical of one of their other grounds, based on an amendment to the gun possession law.  

“It’s an interesting concept,” she said.  

Noreika will not be ruling on their motions at this time.  

The prosecution rests

From CNN's Holmes Lybrand, Marshall Cohen and Hannah Rabinowitz at the courthouse

Special counsel David Weiss’ team has rested its case against Hunter Biden.

Prosecutors presented several days of extensive evidence of Hunter Biden’s addiction to crack cocaine in the months around his 2018 gun purchase.  

The special counsel’s office called 10 witnesses to stand across four days. Jurors heard from several women who had relationships with Hunter Biden and witnessed his addiction.  

One of those witnesses, Hallie Biden, testified about finding a gun in Hunter Biden’s truck and getting rid of it in a grocery store trash can.  

Defense attorneys have argued that prosecutors don’t have direct evidence that Hunter Biden used the drugs in the month he made the gun purchase at the center of the case.  

 The president’s son faces 3 charges for allegedly purchasing and owning the firearm while using illegal drugs. 

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