Hunter Biden trial live updates: Defense likely will rest without Hunter Biden's testimony (2024)

Lawyers still deliberating

Daisy Conant

The parties have been conferring in an extended sidebar for more than 20 minutes. As of 9:25 a.m., the jury was still not in the room.

Lawyers finish discussions on jury instructions and verdict form

Daniel Barnesis reporting from the federal courthouse.

The parties appear to have concluded their morning discussions over jury instructions and the verdict form. Judge Noreika ruled that they will use the verdict form proposed by the government.

Biden's lawyer Abbe Lowell urged Judge Noreika to include the word “knowingly” in the verdict form but was overruled. Noreika said she would tell the jury to consider the instructions as to each count, which do tell jurors that Hunter had to have “knowingly” made a false statement, but said she would not include that on the verdict form.

“Knowingly is a very key aspect” of the crime, Lowell said, adding that it was the only element of the crime “in dispute.”

What sentence could Hunter Biden face if convicted?

Megan Lebowitz

If he is found guilty, Hunter Biden could face up to 25 years behind bars.

Two of the counts carry maximum sentences of 10 years, and one count has a maximum sentence of five years. Each of the three counts also has a maximum fine of $250,000.

Would Joe Biden pardon his son?

Megan Lebowitz

President Biden confirmed in an ABC News interview last week that he would not pardon his son if Hunter Biden is convicted.

When asked if he would rule out a pardon for his son, Biden said "Yes."

The White House has previously also said that Biden would not pardon his son.

President Biden to spend part of the day in Wilmington

Megan Lebowitz

President Biden will spend most of the day in Wilmington, Delaware, before departing for the White House at around 5 p.m.

Biden will attend a Juneteenth concert at the White House at 7 p.m., where he will deliver remarks.

The president arrived in Wilmington last night after his trip to France.

Defense attorney indicates Hunter Biden won't testify

Gary Grumbach

Hunter Biden's attorney Abbe Lowell has asked Judge Noreika to leave in “did not testify” in the jury instructions as it relates to the defendant, indicating Hunter will not testify.

Judge Noreika decided she will not allow the defense to include their requested “theory of the defense” instruction in the final jury instructions. She called it an “argument” and she said she didn’t think it was “appropriate” for her to say.

She ruled on several minor language additions or subtractions, siding with the prosecution in most of her decisions.

Hunter Biden has a phalanx of supporters in the courtroom today — 15-plus at last count, including first lady Jill Biden; his wife, Melissa Cohen Biden; his sister, Ashley Biden; friend Kevin Morris; his aunt Valerie Biden Owens and her husband, Jack. The women in his family are seated next to one another other directly behind him in a strong show of support.


Parties discuss jury instructions

Owen Hayes

The prosecution and the defense are now meeting with Judge Noreika to discuss finalizing the jury instructions. The jury is not yet in the room.

Takeaways from Day 5 of Hunter Biden’s firearms trial

Katherine Doyle

WILMINGTON, Del. —Hunter Biden’s eldest daughter, Naomi Biden, took the stand in her father’s defense Friday, telling the court how her father appeared to have taken control of his drug use in the months before prosecutors say he lied on a government background check form.

“He seemed like the clearest that I had seen him since my uncle died, and he just seemed really great,” she said of visiting him during a stint in rehab in Los Angeles with her then-boyfriend Peter Neal, who is now her husband.

Hunter Biden wiped away tears as she spoke of how she was proud of him.

Naomi Biden told the court she saw her father again just a couple of months later in New York when he came to pick up his truck after she and Neal had borrowed it.

“He seemed great. He seemed hopeful,” the younger Biden said of the visit, which came during a stretch of time after her father purchased the gun that is at the center of the case against him.

Read the full story here.

Hunter Biden arrives at court

Alexandra Bacallao

Hunter Biden arrived at the courthouse at 8 a.m., followed by his mother, first lady Jill Biden, about 10 minutes later.

His aunt and uncle, Valerie Biden Owens and James Biden, had arrived a little earlier. Brian McGlinchey, a longtime supporter of the family, is also in attendance.

What's expected this morning

Gary Grumbach

After a meeting about jury instructions this morning, we expect the defense either to call Hunter Biden to the stand or to rest its case.

Once his lawyers rest, closing arguments will begin. Prosecutors will go first, followed by the defense. Given that opening statements took just over an hour combined, we do not expect the closing arguments to be particularly lengthy.

After that, Judge Noreika will begin reading jury instructions, which are about 30 pages in length. When Noreika is done, we expect jury deliberations to begin.

Defense team requests changes to jury instructions

Gary Grumbach

Hunter Biden’s attorneys have alerted the court that they want certain changes to Judge Maryellen Noreika’s proposed jury instructions before she delivers them to jurors.

The most significant change is on the topic of the “theory of the defense."

“Mr. Biden’s response to the charges is that he never 'knowingly' either possessed a gun when he thought of himself as a user of drugs or addicted to them and he did not 'knowingly' lie on a form that asked him 'are you' a user or addict because he did not believe he was either a drug user or addict at the time,” Biden’s lawyers want Noreika to tell jurors as part of her instructions.

Biden’s team also took issue with several portions of Noreika’s proposed instructions, arguing that some sections are “unconstitutionally vague.”

Noreika will likely decide on these issues at around 8:15 a.m., when parties are meeting without the jury present to discuss finalizing jury instructions and any other outstanding issues. The jury arrives at 9 a.m.

Hunter Biden and his legal team are deciding whether he will take the stand in the trial in which he is pleading not guilty to an illegal firearm purchase and lying about drug use on a government form. The case could go to the jury for deliberations as soon as this afternoon. NBC News’ Aaron Gilchrist reports.

Here's what to expect today

Megan Lebowitz

Jurors may hear from one more defense witness today. The defense team said Friday that it would make a decision about the "last witness" over the weekend.

The defense lawyers did not name the final potential witness, although it is believed to be Hunter Biden.

Depending on how witness testimony plays out, jurors could hear closing arguments as early as today.

Here's what you missed Friday

Megan Lebowitz

The defense team began calling witnesses Friday after prosecutors rested their case.

Notably, Hunter Biden's daughter Naomi Biden took the stand to discuss her communication with her father, as well as his time in rehab. Jurors also heard from the owner and an employee of the gun shop where Hunter Biden bought the gun.

The jury was dismissed earlier than expected Friday and the defense said it would no longer call James Biden, the president's brother, to testify.

Hunter Biden trial live updates: Defense likely will rest without Hunter Biden's testimony (2024)

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