Hunter Biden trial replay: Jury seated, opening statements to begin Tuesday in felony gun case
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WILMINGTON, Del. − A jury was sworn in on Monday in Hunter Biden's felony gun trial, after a pool of dozens of potential jurors spent the day answering questions about whether they could remain impartial during the high-profile case.
They also addressed issues ranging from gun ownership to addiction and the Biden family's long history in Delaware. Opening statements will begin on Tuesday, and the first witness to provide testimony is an FBI agent who was responsible for investigating the case.
Hunter Biden faces three felonies over whether he lied on a federal gun form in 2018 that asked if he was addicted to drugs. First lady Jill Biden, Hunter Biden's wife Melissa Cohen Biden and his sister, Ashley Biden, all attended the first day of proceedings.
President Joe Biden is not attending, but he changed his schedule to be in Wilmington for the first day of his son's trial.
Hunter Biden's trial comes days after former President Donald Trump was found guilty of falsifying business records in New York and after the stunning collapse of a plea deal with federal investigators last year.
Catch up with the USA TODAY Network's live coverage as jury selection begins.
White House says Hunter Biden’s trial ‘absolutely not’ preventing Joe Biden from doing job
White House press secretary Karine Jean-Pierre told reporters aboard an Air Force One gaggle that Hunter Biden’s trial would "absolutely not" affect President Joe Biden’s work.
The elder Biden remained in Wilmington, Delaware, until after a jury was empaneled for his son’s trial on federal gun charges.
"He always puts the American people first and is capable of doing his job," Jean-Pierre said of the president.
– Francesca Chambers
Jury receives preliminary instructions; court adjourns
The presiding judge wrapped up the day by reading preliminary jury instructions to the newly seated jury. The instructions include some basic warnings, including not to speak to anybody about the case or do any independent research.
It also included some basic instructions about taking notes, the case's flow and jurors' role evaluating the evidence. Afterward, she excused the jurors with instructions to return to begin again at 9 a.m. Tuesday.
Opening statements by the parties are expected then. Prosecutors said their first witness will be an FBI agent responsible for investigating the case.
– Xerxes Wilson
Jury sworn in for felony gun trial
Twelve jurors and four alternates were sworn in at 4:20 p.m. for Hunter Biden's felony gun case, and opening arguments will begin on Tuesday.
– Marina Pitofsky
We have a jury pool, but not quite a jury
The court has churned its way through dozens of Delawareans and has a pool of 36 potential jurors. Now, both sides will get the opportunity to strike potential jurors without stating a specific reason.
The government will have six strikes and Hunter Biden's attorneys will have ten. Each side will also each have two strikes for alternate jurors.
This process should be done rending a jury of 12 and four alternates by the close of business today, meaning opening statements are likely to occur first thing Tuesday.
– Xerxes Wilson
Jury selection expected to wrap up on Monday
What's the timing for the rest of Hunter Biden's trial in Delaware? Jury selection is expected to finish on Monday, which would tee up opening statements to begin on Tuesday.
– Xerxes Wilson
Court takes break
The court is taking a 45-minute recess before continuing with jury selection.
– Xerxes Wilson and Marina Pitofsky
Hunter Biden also faces tax charges
The president's son isn't only facing federal firearm charges. He also faces nine tax charges in California in another case, in which he's accused of avoiding paying at least $1.4 million.
He's charged with three felony and six misdemeanor charges tied to the allegations. He has pleaded not guilty.
– Marina Pitofsky
What is Hunter Biden being charged with?
The president's son faces three firearms felonies.
In October 2018, Hunter Biden walked into a gun shop north of Wilmington, Delaware, and purchased a revolver. People who purchase firearms are required to fill out a standardized form that asks whether they are an unlawful user or are addicted to controlled substances, narcotics and other listed substances. Biden is accused of answering "no" to that question on the form.
But Biden has been open about his longtime struggles with crack cocaine addiction. He's written about it in his 2021 memoir, "Beautiful Things," and discussed it during a court hearing last year, stating he's been sober since 2019.
Biden faces a maximum sentence of 25 years in prison if convicted, although first-time and non-violent offenders are often given shorter terms.
– Xerxes Wilson
‘You can’t swing a cat without hearing something’
One potential juror was asked by the judge if he had previously heard about the case.
“I live in Delaware, you can’t swing a cat without hearing something,” he told the judge, though he added that he had only heard about the case on the news but hadn’t researched it.
Prosecutors moved to strike the man because he said he had a family member who suffered from addiction and he holds strong feelings about second chances.
“I think after people have been recovering, they need a second chance,” he said. “Everybody needs a second chance.”
He said he wasn’t sure what time period that second chance should come and that it should be down to the individual. He said this belief would not impair his ability to judge the evidence and he was allowed to remain in the jury pool.
– Xerxes Wilson
Can Joe Biden pardon Hunter Biden?
There's no rule that a president can't pardon a loved one. But if Hunter Biden is convicted on federal charges, it's not likely that his father would use his office to take action.
The White House last year ruled out President Joe Biden using his presidential authority to pardon his son. The president has given no indication that he planned to pardon Hunter Biden, but that hasn't stopped some critics from suggesting he might.
– Marina Pitofsky and Joey Garrison
Court making progress selecting jurors
So far, the court has worked through more than three dozen potential jurors. Twenty-four have been selected to remain in the jury pool.
The court will continue to interview potential jurors until it has a pool of 36. After that, the parties will be granted what’s known as "peremptory strikes" until the pool is whittled to 16.
That pool will comprise 12 jurors and four alternates that will stand in if any of the 12 must be dismissed mid-trial.
– Xerxes Wilson
Drug addiction a common theme in juror interviews
A common theme in the juror interviews so far: Many people have been touched by addiction among family and loved ones.
Multiple people have told the court that someone close to them have struggled with addiction, some becoming emotional in answering the questions and some reporting that they’ve lost someone close to them to addiction.
That isn’t an automatic disqualifier as most potential jurors have answered that they could remain impartial in evaluating the evidence.
– Xerxes Wilson
Will Hunter Biden's daughters be at the trial?
Hunter Biden's children were not in attendance at the trial on Monday. Hunter Biden and Melissa Cohen Biden have a 4-year-old son, Beau Biden, and he and his ex-wife, Kathleen Buhle, have three adult daughters: Naomi Biden, Finnegan Biden and Maisy Biden.
Lunden Roberts, the mother of Hunter Biden's youngest daughter, is expected to provide testimony in the case. It's not clear if she would bring their 5-year-old daughter, Navy Joan Roberts, to the courthouse.
– Marina Pitofsky
What happened to Hunter Biden’s plea deal?
Justice Department special counsel David Weiss secured two indictments for gun and tax charges against Hunter Biden after U.S. District Judge Maryellen Noreika rejected a plea agreement in July that aimed to resolve the investigation.
Weiss, as U.S. attorney in Delaware, had investigated Biden for years. Biden agreed to plead guilty to two misdemeanors for nonpayment of taxes in 2017 and 2018, and to enter a pretrial program on a gun charge.
Biden potentially could have stayed out of jail under the agreement, which congressional Republicans slammed as a sweetheart deal. But Noreika questioned prosecutors and defense lawyers about whether the deal would protect Biden from future charges and the judge refused to “rubber-stamp” the agreement.
The collapse of the plea deal led to Biden’s indictment on three felony gun charges in Delaware, in a trial that started Monday, and nine tax charges in California, in a trial set for Sept. 5.
– Bart Jansen
Which jurors could be selected?
The court ruled some jurors were qualified after they answered questions about potential hardship in attending the trial, their political work in the past and family members who have suffered addiction.
Others were quizzed about their local connections and encounters with the Bidens. One potential juror said they worked at the same college as First Lady Jill Biden for a period. He also supported current Superior Court Judge Farris Wharton’s campaign for Delaware Attorney General against Hunter Biden’s brother, Beau, two decades ago. He said those aspects of his life would not challenge his ability to fairly view the evidence in the case and was allowed to remain in the jury pool.
“I’d listen to any testimony with an open mind,” he answered when quizzed about whether he’d be more apt to believe a police officer’s statement if it were in conflict with another person’s.
Another potential juror was a bartender at Two Stones Pub in New Castle County and said she served a Biden family member there from time to time, but didn’t know him. She was allowed to stay on.
– Xerxes Wilson
Court churns through potential jurors
Two hours into jury selection, a handful of potential jurors have been dismissed over concerns about their impartiality.
One was dismissed after expressing his opinions on rights around gun ownership might color his view of the law and evidence. Another noted his father was a police officer for 30 years and his grandfather worked for the FBI. He told the judge he felt he could not be impartial because of this.
One person told the court she read stories involving Hunter Biden from when his father, Joe Biden, was running for president.
“I don’t know if I can be impartial from previous opinions about things I’ve heard,” the person told the court.
Prosecutors pressed her on what that opinion was. “Not a good one, sorry,” she responded and was dismissed.
–Xerxes Wilson
Hallie Biden, Lunden Roberts and Kathleen Buhle could testify
Prosecutors have said they'll call about a dozen witnesses as they make their case against Hunter Biden during the trial, according to multiple reports.
Those may include Hunter Biden's ex wife, Kathleen Buhle, as well as the mother of his youngest daughter, Lunden Roberts. Hallie Biden, the widow of Beau Biden, is also expected to testify. She and Hunter Biden were in a relationship following Beau Biden's death.
– Marina Pitofsky
How long is the trial expected to last?
Hunter Biden's trial on federal gun charges in the family's hometown of Wilmington, Delaware, could last more than two weeks.
Federal prosecutors have said in court filings they will present photos, testimony and messages to show that Hunter Biden was an illegal drug user around the time he bought the gun and failed to disclose that as required on a federal gun purchase form.
Prosecutors also said they may use details gleaned from his phone, iCloud account and the infamous laptop that he allegedly abandoned at a repair store, including photos of Hunter Biden smoking crack and texts arranging meetings with illegal drug dealers.
– Reuters
More: What is an addict? Hunter Biden is fighting what that means as gun trial looms
See the questions lawyers will ask potential Hunter Biden jurors
Here are the 47 questions potential jurors will be asked as Judge Maryellen Noreika looks for twelve impartial Delaware residents to take their seats at Hunter Biden's federal gun trial. The questionnaire gets to the heart of the unusual case involving the president's son, drug addiction and firearms. Among the questions:
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?
Do you have any strong negative views about past users of controlled substances, narcotics, or alcohol?
Do you or a close family member have any experience purchasing a firearm (including a handgun, pistol, automatic rifle, hunting rifle, or other)?
−Xerxes Wilson
Judge begins questioning potential jurors
U.S. District Judge Maryellen Noreika began questioning potential jurors in Hunter Biden’s trial on gun charges and explained rules for participating in the case, including not reading media coverage.
She aims to seat 12 jurors and four alternates.
Noreika is asking potential jurors whether they can impartially review the evidence in the case. Questions include whether potential jurors know anyone involved in the case, along with general inquiries about their thoughts on politics, law enforcement and issues surrounding addiction.
Jurors who answer “yes” to one of the screening questions will be further questioned by the judge. Those interviews are occurring now. Out of the first pool of what was scheduled to be 50 potential jurors, only one did not answer "yes" to one of the screening questions, meaning this process will likely take a long time.
−Xerxes Wilson
President Joe Biden supports Hunter as trial begins
President Joe Biden issued a statement Monday supporting his son as Hunter Biden’s federal gun trial begins.
“Jill and I love our son, and we are so proud of the man he is today,” Joe Biden said. “Hunter’s resilience in the face of adversity and the strength he has brought to his recovery are inspiring to us.”
Joe Biden said he wouldn’t comment as president on pending federal cases. But he said he has confidence in his son and respect for him.
“Our family has been through a lot together, and Jill and I are going to continue to be there for Hunter and our family with our love and support,” Joe Biden said.
--Bart Jansen
Hunter Biden also faces civil trial against his ex-wife over alimony
Hunter Biden isn't just facing sweeping legal problems over gun and tax charges. Axios reported last week that – in 2021 – a Washington court found he was in breach of an agreement with his ex-wife Kathleen Buhle. At the time, he owed her over $1.7 million in legal fees, spousal support and other costs from their 2017 divorce.
Since then, Buhle and Biden's legal battle has continued, and her attorneys have argued he still owes her millions.
– Marina Pitofsky
Hunter Biden’s family stays close for federal trial
Hunter Biden’s relatives stayed close for his trial on federal gun charges, with his father, President Biden, remaining in Wilmington on Sunday night for the start of jury selection Monday.
Hunter Biden arrived at court holding hands with his wife, Melissa Cohen Biden. His mother Jill and sister Ashley arrived separately. Hunter Biden's past drug use is at the heart of charges he lied on a federal form and to a gun dealer when buying a guy in 2018.
The two courtroom benches behind Hunter Biden and his defense team, where Jill and Ashley Biden were seated, were filled before the jury was called into the courtroom.
More: As Trump's trial nears an end, the Bidens prep for a month in legal purgatory
The family support contrasted slightly with the attendance at another high-profile trial, that of former President Donald Trump in New York. He was convicted Thursday of falsifying business records to cover up his role in a hush money payment to porn actress Stormy Daniels before the 2016 election.
Trump’s wife Melania, daughter Ivanka and son Barron Trump didn’t attend the six-week trial. His sons Donald Junior and Eric attended occasionally, and daughter Tiffany Trump appeared for closing arguments.
−Bart Jansen and Esteban Parra
Hunter Biden trial hunts for jurors without connections to famous family
As jury selection begins in Hunter Biden’s trial on federal gun charges, one challenge will be finding jurors who don’t have a connection to the first family in the First State.
"Good luck getting that jury," said Dori Jacobson, a Greenville resident who lives not far from President Biden's residence.
Hunter Biden’s father, President Joe Biden, has been a ubiquitous presence since serving decades as a senator and then as vice president. Potential jurors won’t be asked about interactions at Pep Boys, worshipping at St. Joseph on the Brandywine or watching his grandchildren’s flag football games, but they will be asked about connections to the family.
"Are you, any member of your immediate family, or close friends acquaintances with Robert Hunter Biden or any member of his family?" reads the seventh of 47 questions listed on the jury selection document.
−Ryan Cormier
More: When everyone's met a Biden in Delaware, how hard will it be to find a jury?
Hunter Biden arrives at federal courthouse for trial on gun charges
Hunter Biden arrived about 8:10 a.m. Monday for the start of his trial on federal gun charges.
His sister, Ashley Biden, arrived about 10 minutes earlier.
−Esteban Parra
More: 'Karma' or 'political prosecution?' Voters weigh in on Hunter Biden criminal trials
Trial's key moment: Was Hunter Biden sober on Oct. 12, 2018?
A large part of Hunter Biden’s trial will boil down to a single day in October 2018, when he bought a .38 Special revolver at a Delaware gun store and checked “No” on a federal gun form that asked about drug addiction or drug use.
The federal drug form asked: “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?”
“At issue here is Mr. Biden’s understanding of the question,” his lawyer Abbe Lowell recently wrote the court. “Someone like Mr. Biden, who had just completed an 11-day rehabilitation program and lived with a sober companion after that, could surely believe he was not a present tense user or addict.”
Some drug treatment experts told USA TODAY they wouldn’t consider a patient cured of addiction after 11 days of treatment. But they said a person who had just completed treatment might consider themselves sober.
More: Hunter Biden trial: Why his gun case hinges on one fateful day when he wasn't using drugs
Reporters arrive early for Hunter Biden trial
By 6:45 am, a dozen reporters had lined up outside the J. Caleb Boggs Federal Building in downtown Wilmington for the start of Hunter Biden’s will go on trial this week on federal gun charges.
Jury selection starts today, with court convening at 8:30 a.m. local time.
Three tents for broadcast stations were set up near the court. A heavy police presence is visible, with several police cars parked along North King Street, which runs along one side the building.
A Department of Homeland Security dog walked up and down the line of reporters, sniffing their bags.
Boggs, the building’s late namesake, was a former Republican governor who lost his Senate seat in a 1972 squeaker to Joe Biden.
−Swapna Venugopal Ramaswamy
Judge: No second gun form at trial
Hunter Biden won’t be able to introduce a second federal form during his trial on charges he illegally bought and possessed a gun while addicted to drugs, U.S. District Judge Maryellen Noreika ruled Sunday.
The president’s son is charged with lying on the form and lying to the gun dealer about his drug usage when he bought a .38-caliber pistol in 2018 and had it for 11 days.
On the initial form submitted to federal authorities soon after buying the gun, Biden put an X next to a question asking if he used narcotics or was addicted to them. The second version of the form was submitted to investigators in 2021 with additional information attached that said Biden submitted his vehicle registration when he bought the gun, which apparently wasn’t the case, according to court statements.
Biden’s lawyer, Abbe Lowell, sought to question the gun shop owner about the second form, arguing he apparently filled out the form inaccurately, which is the charge against Biden. But prosecutors argued the second form is “irrelevant” and would confuse jurors. Noreika agreed and barred the form from trial, in one of two rulings Sunday against the defense.
−Xerxes Wilson
More: These are the people, places that will take center stage in Hunter Biden's trial
Judge bars defense expert on drug addiction from trial
U.S. District Judge Maryellen Noreika barred testimony from one of Hunter Biden’s proposed expert witnesses, who the defense sought to give a perspective about how people suffering drug addiction view themselves.
Defense lawyers sought to have Elie Aoun, an assistant professor of clinical psychiatry, to testify to testify about how people who have participated in rehabilitation programs are sometimes in denial about their addiction and view themselves as no longer addicted when they complete a program.
But Noreika barred the witness Sunday, in one of two decisions against the dense, by ruling the defense failed to provide prosecutors with a proper explanation about what expert opinions Aoun would offer.
Biden’s defense also sought testimony from Michael Coyer, a forensic toxicologist, to answer questions about items including a white residue on a brown leather gun pouch that tested positive for cocaine years after it was taken into police custody. Noreika ruled that she would hear from Coyer without the jury present before deciding whether to allow him to testify.
−Xerxes Wilson
Who is Hunter Biden?
Hunter Biden is President Joe Biden's youngest son. He's facing three firearms felonies in Delaware.
The first two relate specifically to the form he filled out to purchase a gun in 2018, accusing Biden of lying about this drug use on the form.
The third charge pertains to Biden's possession of a firearm while he was allegedly an unlawful user or addicted to controlled substances.
– Xerxes Wilson
Could Hunter Biden go to prison?
The charges carry a maximum penalty of 25 years in prison, though Biden is likely to get a shorter sentence if convicted. It is atypical for defendants to get a maximum sentence when they are first-time offenders like Biden.
– Xerxes Wilson
This article originally appeared on USA TODAY: Hunter Biden trial live updates: Jury selected in felony gun case
