Hunter Biden gun trial: Jury hears first witness, key evidence against president's son

Hunter Biden, son of U.S. President Joe Biden, departs the federal court with his wife Melissa Cohen Biden, on the second day of his trial on criminal gun charges in Wilmington, Delaware, on June 4, 2024. (REUTERS/Kevin Lamarque)

The second day of Hunter Biden's trial for federal gun charges has concluded.

Court adjourned for the day at 4:30 p.m. ET. Hunter Biden left shortly after court adjourned at 4:39 p.m. ET

Hunter Biden's Firearm Transaction Record

The prosecution introduced a firearm transaction form into evidence Tuesday that shows Hunter Biden's signature, and a box marked "no" next to the question 11 section e regarding use of illegal drugs.

Last month, Hunter's attorney Abbe Lowell during the pre-trial period questioned whether someone else may have checked “no” since there are other signatures on following pages of the document. But he has yet to formally bring that up during trial.

Fox News' David Spunt contributed to this report.

Garrett Ziegler, left, and Melissa Cohen Biden, right. (Getty Images)

Melissa Cohen Biden, the wife of Hunter Biden, lashed out at a former Trump aide during her Tuesday appearance in court to support her husband.

Her remarks were directed at Garrett Ziegler, who was sued by Hunter Biden last year for publishing the contents of his infamous laptop.

Approaching Ziegler at the trial, Biden's wife pointed her finger at him and said, "You have no right to be here, you Nazi piece of s---."

Ziegler did not respond to Melissa Cohen Biden's remarks at the time.

Ziegler confirmed the encounter, which was first reported by NBC News, and told the outlet, "It's sad I've been sitting here the whole time and haven’t approached anyone."

"For the record, I’m not a Nazi, I’m a believer in the U.S. Constitution. I haven’t said one thing to them," Ziegler added.

The lawsuit against Ziegler last September alleged that he had violated federal computer laws by hacking into the now-infamous laptop that was left in a Delaware repair shop in 2019.

The lawsuit, filed in Los Angeles, accuses Ziegler and his company — Marco Polo — and 10 unidentified associates of spreading "tens of thousands of emails, thousands of photos, and dozens of videos and recordings" that were considered "pornographic" on the laptop.

In March, Ziegler sought to have a judge who was appointed by President Biden removed from the case. He argued that the outcome of the lawsuit not only has implications for the congressional impeachment inquiry, but also the 2024 election.

Regarding Ziegler's encounter with Melissa Cohen Biden, Marco Polo wrote in a tweet, "The wife has the same level of impulse control as Hunter. To the family bringing decency back, anyone who is perceived as opposition is a Nazi."

"Truly contemptible liars & scoundrels," the group added. "We don’t respond in kind in the back of a courtroom, because we’re gentlemen who do not berate women."

Fox News' Jamie Joseph and Danielle Wallace contributed to this update

Prosecutor's entered Hunter Biden's laptop into evidence, which included a summary chart with content from the laptop containing over 18,000 pages.

The prosecution is currently going through the pages one by one, which contain text messages between Biden and other individuals which appear to show Biden arranging drug deals.

Examples included Biden arranging places to meet and discussing quanities, while others contains Biden asking if he can get some "baby powder."

Fox News' Aubrie Spady contributed to this update

The prosecution has introduced Hunter Biden's infamous laptop as part of electronic records to be entered into evidence. FBI special agent Erika Jensen is on the witness stand verified the laptop belonged to Hunter Biden

The FBI obtained the laptop from the Mac store in Delaware based on a tip they were given. It is a small silver Mac laptop, and the FBI agent saying "this is the laptop recovered from the store." The FBI confirmed this because the serial number of the laptop found matches the initial subpoena they requested in 2019.

In terms of content from the laptop, the FBI special agent testified the evidence of addiction was recovered from the electronic records found.

The device is not being turned on, just physically present in the courtroom. They are not going through any of the records directly from the laptop. 

Firs Lady Jill Biden and Ashley Biden were not present in the courtroom after the lunch break.

Fox News' James Levinson contributed to this update.

Court proceedings resumed at 2:00 PM, with FBI agent Erika Jensen, the prosecution's first witness, retaking the stand to continue her testimony.

Fox News' Aubrie Spady contributed to this update

Jurors appear increasingly bored with first witness testimony, which has largely focused on Hunter Biden's audio book version of Beautiful Things. Some jurors are slumped over in their chairs, have their heads in their hands as Hunter's narration of the book is heard in court. 

Biden has periodically looked over to study the jurors, most notably when they enter and exit the courtroom.

Biden has been engaged throughout court proceedings - whispering to defense team, reading along with excerpts of Beautiful Things while taking his light orange framed reading glasses on and off. He sometimes appears tense as he fidgets with pen and runs his hands through his hair. 

First Lady Jill Biden is sitting in the front row, with her daughter Ashley and daughter in law Melissa sitting on either side of her. Jill keeps her focus towards the judge and defense team - seldom looking around the court. She also has a small booklet of papers folded over that she has taken out at least twice to read/write notes. The papers are returned to her clutch handbag. 

Ashley Biden arrives at court Tuesday. Credit: REUTERS/Kevin Lamarque

The prosecution played excerpts of Hunter Biden's memoir, "Beautiful Things," in court Tuesday morning read in Hunter's voice.

The excerpts include references to "crackhead wisdom," “the ability to find crack in any town." "Crack takes you into the darkest recesses of your soul, as well as the darkest corners of every community."

“When I could, I tried to buy from a user instead of a dealer," Hunter Biden said in another part of the audiobook. "I could get off a plan in Timbuktu and find some crack."

Ashley Biden, Hunter's sister, was seen patting her face with a tissue while the audiobook was read. First Lady Jill Biden then put her arm around Ashley.

The court has broken for lunch and is slated to resume around 2 p.m. ET.

FBI agent Erika Jensen, the prosecution's first witness, is expected to resume testimony when the court reconvenes.

The last hour of testimony has surrounded audiobook excerpts from Hunter Biden's book, "Beautiful Things."

Fox News' James Levinson contributed to this update

Former acting Attorney General Matt Whitaker on the details of the Hunter Biden gun trial and Letitia James previously campaigning on going after former President Donald Trump.

"It's going to be a compelling story for this jury," Whitaker said. "Essentially the elements of the crime are very simple, and that's one of the things about this case... this is a well-worn path to justice in this case. Compare that to what happened in New York City where they're still debating over what crime Donald Trump was convicted of."

Whitaker also touched on First Lady Jill Biden being in court, noting that the Biden family is likely well-known by many of the jurors.

"This is very much a home court advantage for the Biden family and having Jill Biden as the first lady walk into court and sit behind Hunter. It sends a very clear message to that jury, who are again, citizens of Delaware," Whitaker said.

FBI agent Erika Jensen, the prosecution's first witness, took the stand shortly after 11:30 a.m.

Prosecutor Derek Hines asked Jensen a handful of biographical questions at the beginning of her testimony.

Jensen said her duties are to investigate violations of federal criminal law and that she was assigned in fall 2023 to investigate Hunter Biden.

Paper copies with excerpts of Hunter Biden's book, "Beautiful Things," were shown on the screen. The prosecution also played audio from Hunter’s audiobook - of Hunters own voice - for the court as they go through the pages.

Jensen confirmed that she and other agents picked these pages as evidence of addiction and use of drugs - specifically during a four-year period from 2015 to 2019. Jensen said she focused on mentions in the book from 2015 to 2019 to find admissions of guilt about an addiction to drugs.

Fox News' Aubrie Spady contributed to this update

During opening statements, Hunter Biden's defense attorney said that Hunter Biden drove his father's Cadillac to the gun store to purchase the firearm in question in his criminal trial.

Abbe Lowell on Tuesday morning said that Hunter drove the car to a cell phone store and while there, he went across the street to the gun store and ended up purchasing the gun.

Lowell argued that Hunter was abusing alcohol and not drugs when he purchased the gun and when he said he was not a user, his understanding was that he was not at that point. The defense also argued that Hunter Biden was rushed into the gun sale by a salesperson that wanted to make the sale.

The defense also argued that the prosecution will not adequately establish chain of custody re: gun pouch with cocaine residue. They argue that Hallie Biden “freaked out” when she found Hunter’s gun in the console of his car, put it in that pouch, threw it in a garbage can outside a grocery store, and that someone rummaging through garbage found it. Then the police tracked it down and it’s been sitting in evidence for five years.

Hunter is charged with one count of making false statements in a firearm purchase, another count of making a false statement related to information required to be kept by a licensed firearm dealer, and one count of possession of a firearm by a person who is an unlawful user of or addicted to a controlled substance.

If he is found guilty on all charges, he could face a maximum sentence of 25 years in prison. Each count also carries a maximum fine of $250,000 and three years of supervised release.

Fox News' Kerri Urbahn contributed to this update.

Court went on a 15 minute break after the prosecution made its opening statement, according to Fox News' Kerri Kupec, who is reporting from outside the court.

The prosecution laid out the law, how it was broken, and what evidence and witnesses it plans to present.

The prosecution argued that the witnesses will testify about Hunter Biden's drug use before, during, and after the period in which he purchased the firearm in question.

Prosecutors also say they will provide evidence that Biden smoked cracked every 15-20 minutes, noting that while addiction may not be a choice, owning a gun and lying to purchase it while a drug user is.

Meanwhile, the defense is expected to argue that Biden was abusing alcohol and not drugs at the time of the purchase, that he was rushed into the purchase by an eager salesman, and that the prosecution will not be able to adequately establish a chain of custody when it comes to the cocaine residue found on the pouch.

The prosecution in the federal gun crime trial of Hunter Biden revealed their witness list Tuesday:

Erika Jensen, FBI agent

Kathleen Buhle, Hunter Biden's ex-wife

Zoe Kestan, ex-girlfriend of Hunter Biden

Hallie Biden

Gordon Cleveland, gun store employee who sold Hunter Biden the gun

DSP Corp. Joshua Marley

DSP Lt. Millard Greer

Dr. Jason Brewer, forensic chemist

DEA Supervisory Special Agent Joshua Romig

During opening statements, the prosecution showed image of Hunters pouch with white powder on it, says a witness will testify that it was cocaine. 

Derek Hines, a prosecutor on special counsel David Weiss' team, closed by saying the defendant is not charged with using drugs, but buying a gun. He. said addiction is not a choice, but choosing to buy a gun is. 

Fox News' Aubrie Spady contributed to this update.

Hunter Biden's attorney, Abbe Lowell. Credit: Anna Moneymaker/Getty Images

Hunter Biden's attorney, Abbe Lowell, said he would call the president's brother James Biden as a witness in Hunter's federal gun crime trial, the Associated Press reported.

James and Hunter are close, and the uncle helped his nephew through rehab stints in the past, the outlet said.

One juror has been dismissed ahead of the second day in Hunter Biden's gun trial, Fox News Digital has learned.

It is unclear as of Tuesday morning if the juror is one of the initial 12 jurors that were selected on Monday or an alternate.

The news comes has opening arguments in the trial begin on the second day of the trial, following Monday's jury selection proceedings.

Judge Maryellen Noreika, who is presiding over the trial, instructed jurors on Monday not to talk about the case during their time on the jury and to keep an open mind.

Almost every potential juror available for selection said they had heard about the Hunter Biden case in the news, while most also indicated they knew someone who had experienced substance abuse problems.

AP Photo/Matt Slocum

Opening statements are underway in the federal gun crime trial against the president's son, Hunter Biden.

Derek Hines, a lawyer on special counsel David Weiss' team presented his arguments first. He'll be followed by Biden's attorney, Abbe Lowell.

First Lady Jill Biden is present in the court again for a second day to support her step son.

Arguments were slated to begin at 9:00 a.m. but the courtroom experienced delays with some jurors reportedly arriving late.

Fox News' Aubrie Spady and Charlie Horan contributed to this update.

Hunter Biden arrived to the Delaware courthouse for the second day of his federal gun crime trial on Tuesday.

Tuesday's proceedings will begin with opening statements from the prosecution and the defense, after which the prosecution will call their first witness. Opening statements will be delivered by government prosecutors from Special Counsel David Weiss' office. Hunter Biden's defense attorney is Abbe Lowell.

Judge Maryellen Noreika, who is presiding over the trial, instructed jurors on Monday not to talk about the case during their time on the jury and to keep an open mind. 

During the selection process Monday, almost all the potential jurors said they knew someone who has been or is currently experiencing substance abuse or addiction.

Almost every potential juror also said they had heard about the Hunter Biden case in the news.

Opening statements for Hunter Biden's trial are expected to begin Tuesday, after which the prosecution will call multiple witnesses to testify against the president's son. 

A few of the key witnesses expected to testify at the trial include multiple women who have previously been romantically involved with Hunter Biden, including Hallie Biden, the widow of President Biden's other son, Beau, who became romantically involved with Hunter Biden following the 2015 death of her husband.

Another former romantic partner of Biden's, Zoe Kestan, is expected to testify, with prosecutors hoping Kestan can highlight Biden's former drug use.

Kathleen Buhle, who was married to Hunter Biden from 1993 to 2017, is also expected to testify during the trial.

Potentially testifying in Hunter Biden's defense is forensics expert Michael Coyer, who the Biden defense team believes can cast doubt on some of the evidence expected to be presented by the prosecution.

Hunter Biden himself could also take the stand in his own defense, a move many analysts believe would be a risky move for the president's son.

In October 2018, Hunter Biden owned a firearm for about 11 days before police responded to a dumpster behind a grocery store where they found the revolver in the trash, Fox News Digital previously reported.

Biden was in a relationship with his late brother’s widow at the time, Hallie Biden, who allegedly threw the newly-bought Colt Cobra .38 handgun in the dumpster when she discovered it. This triggered a flurry of text messages between Hallie and Hunter before police arrived.

“Are you insane,” he texted Hallie, according to prosecutors’ court documents.

“Tell me now. this is no game. And you’re being totally irresponsible and unhinged.”

“Check yourself into a local rehab hunter, this has all got to stop,” Hallie replied. “Don’t run away again. Please don’t leave.”

Hallie might be required to testify in the trial, and reportedly had an unexpected late-night visit from the president last month in the lead-up to the trial. 

Hunter Biden is now married to Melissa Cohen, whom he has credited with helping him overcome his drug addiction. 

Fox News’ Emma Colton contributed to this report.

Melissa Cohen Biden is the current wife of Hunter Biden and the mother of his son Beau, who was born in March 2020.

Biden and Cohen secretly wed in May 2019, according to the New York Post, following his breakout with Hallie Biden, his late brother Beau’s widow. Cohen and Biden were married soon after they met.

"I instantly fell in love with her. And then I've fallen in love with her more every day," Biden told ABC News at the time.

She is originally from South Africa but became a naturalized American citizen. They reportedly got matching tattoos saying “Shalom” in Hebrew just before getting married. She is reportedly an “activist” and a filmmaker.

Several experts spoke to Fox News ahead of Hunter Biden’s federal gun chagres trial. By Monday afternoon, a jury of 12 and 4 alternates were selected to hear the case.

Attorney Greg Jarrett slammed Hunter Biden's "crazy" defense on Fox & Friends Monday morning, saying what would otherwise be a "a slam dunk" trial could face an uphill battle in the progressive state's courtroom.

Jarrett said Hunter's main defense hinges on denial of addiction and rehab, with a backup defense of being too strung out to intend wrongdoing. His defense may also attempt to challenge the Second Amendment, despite his father's advocacy for stricter gun laws.

"His dad is on record railing against the Second Amendment," Jarrett said. "And arguing strict gun laws should always be enforced, except for you know, maybe against my own son. So it's a crazy defense."

Fox News contributor Andy McCarthy joined 'America's Newsroom' on Monday to discuss his take on Hunter Biden's gun trial and why he thinks a prison sentence for Trump would be 'over the top.'“

"The evidence against him is very strong. The law enforcement people were brought into this when the gun was lost,” McCarthy said. “They tried to discard it… it seems like Hallie Biden tried to discard it because they were worried Hunter was drug addled and might hurt himself or someone else.”

“It’s pretty overwhelming that’s only become more overwhelming with time as Hunter has made a lot of statements about the condition he was in at that time,” McCarthy continued. “I don’t think he has much of an argument that he wasn’t a drug addict at that time.”

Former federal prosecutor Katie Cherkasky also discussed what she would look for in potential jurors in Hunter Biden's gun trial and her overall take on the case during 'Fox & Friends First,’ saying “there’s a lot of political undertones” in the case.

“The Biden’s are a huge force in the state of Delaware. Politically it should probably be pretty favorable for Hunter in many ways. Of course, you want people who don’t have strong opinions one way or the other, especially politically speaking.”

Cherkasky also noted that it would be risky for Biden to take the stand during the trial.

Hunter Biden faces federal gun charges, including making false statements in firearm purchase, possessing a firearm while addicted to a controlled substance. The charges could lead to 25 years in prison, $250,000 in fines, and three years of supervised release.

Fox News' Brooke Singman and Michael Lee contributed to this report.

In 2020, a laptop repairman in Delaware alleged that a man who identified himself as Hunter Biden dropped off a laptop at his store for repair. While there was initial debate over the veracity of the claim that it belonged to the president’s son, multiple investigations have affirmed that he was the owner of the laptop.

Many stories and concerns over corruption emerged from the emails that were found on the laptop – but the photos tell a more personal story. Several photos have been uncovered showing Hunter and then-Vice President Joe Biden meeting with foreign business contacts of Hunter Biden. One such photo shows the Bidens posing with Mexican billionaire business partners Carlos Slim and Miguel Alemán Velasco while another shows the former Vice President posing with Kazakhstani Prime Minister Karim Massimov and entrepreneur Kenes Rakishev.

Some of the photos, however, offer insight into Hunter Biden’s more scandalous side. Several show Hunter Biden smoking crack, one of which appears to be from behind the wheel of a car, and another shows him driving 172 mph en route to Las Vegas. Others show nude photos of the president’s son, including homemade pornography.

Hunter Biden, 54, is the son of President Joe Biden and has faced a tumultuous journey with addiction for the better half of his adult life.

Hunter Biden has claimed that his road to addiction began in the early 2000s when he was heavily drinking after making partner at the law firm of Oldaker, Biden & Belair. He entered rehab and joined Alcoholics Anonymous to address his disease, but his addiction escalated after his older brother, Beau Biden, died from brain cancer in 2015. His memoir, “Beautiful Things,” chronicles his countless visits to rehab and his struggles with drugs and alcohol. 

In 2023, Hunter Biden was charged by federal prosecutors with lying about his drug use when purchasing a gun in 2018.

In an interview with The New Yorker, Hunter Biden said of his addiction, “Look, everybody faces pain. Everybody has trauma. There’s addiction in every family. I was in that darkness. I was in that tunnel – it’s a never-ending tunnel. You don’t get rid of it. You figure out how to deal with it.”

Opening statements are expected to begin in United States v. Hunter Biden on Tuesday morning.

The trial for the first son began in Wilmington in the U.S. District Court for Delaware on Monday.

Jury selection lasted for a few hours, and a final jury of 12 jurors plus four alternates were seated Monday afternoon.

Judge Maryellen Noreika, who is presiding over the trial, instructed the jurors not to talk about the case during their time on the jury and to keep an open mind. 

During the selection process Monday, almost all the potential jurors said they knew someone who has been or is currently experiencing substance abuse or addiction.

Almost every potential juror also said they had heard about the Hunter Biden case in the news.

Opening statements will be delivered by government prosecutors from Special Counsel David Weiss' office. Hunter Biden's defense attorney is Abbe Lowell.

This is an excerpt from an article by Fox News' Brooke Singman

Hunter Biden's federal gun crime trial kicked off with jury selection on Monday in Delaware, launching proceedings that are sure to hold the nation's attention in the days and weeks to come.

Here are some key facts to know about the trial moving forward.

1. Hunter Biden faces up to 25 years in prison

Hunter is charged with one count of making false statements in a firearm purchase, another count of making a false statement related to information required to be kept by a licensed firearm dealer, and one count of possession of a firearm by a person who is an unlawful user of or addicted to a controlled substance.

If he is found guilty on all charges, he could face a maximum sentence of 25 years in prison. Each count also carries a maximum fine of $250,000 and three years of supervised release. 

2. Hunter's defense hinges on his drug addiction

Hunter's charges allege that he was addicted to drugs at the time he purchased the firearm, meaning prosecutors do not need to prove that he was in fact on drugs at the moment of the purchase.

Legal analyst Gregg Jarrett said Hunter's main defense hinges on denial of addiction and rehab, with a backup defense of being too strung out to intend wrongdoing. His defense may also attempt to challenge the Second Amendment, despite his father's advocacy for stricter gun laws.

3. Hunter's family members are attending the proceedings

First lady Jill Biden, Hunter's stepmother, attended the first day of his trial alongside Hunter's sister, Ashley Biden, on Monday.

Hunter arrived at court while holding hands with wife Melissa Cohen Biden.

Hunter's father, President Biden, has not announced any plans to attend the proceedings.

This an excerpt of an article from Fox News' Anders Hagstrom