Hunter Biden trial highlights: Jurors dismissed for the day without a verdict after both sides present closing arguments

Judge Noreika said the court will not be bringing the jury into the courtroom at the beginning or end of the day during deliberations for typical instructions including about whether jurors have talked to anyone about the case.

A clerk is likely to alert when they are finished deliberating for the day.

The jury began deliberations around 3:32 p.m. As Judge Noreika sent the jurors back to the jury room to deliberate, she told alternate jurors to stick around the courtroom in case they are needed.

Judge Maryellen Noreika has begun reading instructions for the jury ahead of deliberations. The instructions are roughly 30 pages long.

Prosecutor Derek Hines delivered the rebuttal for the prosecution, saying, “Nothing Mr. Lowell said undermined what Mr. Wise said in his closing.”

“Mr. Lowell suggested you have this man’s life in your hands. You don’t have this man’s life in your hands,” Hines said. “He keeps saying he’s telling you a story. … That’s exactly what he’s done in this case. It’s simply a story. A fictional story.”

“Who called the defendant’s daughter as a witness in this case?” “Not us,” Hines said, as he called Naomi Biden’s testimony “uncomfortable.”

Hines said he believes the prosecution has proved the case beyond a reasonable doubt “seven ways to Sunday.”

Lowell wrapped his close at 2:37 p.m. We are taking a 15-minute break before the court reconvenes for the government’s rebuttal closing argument. 

Hunter Biden attorney Abbe Lowell talked about how Hunter Biden handled the gun when he had it, keeping it in a lockbox, unloaded.

That was the case until Oct. 23, 2018, when Hallie Biden found the gun.

“On Oct. 23, Hallie did something incredibly stupid,” Lowell said, slamming Hallie Biden for deciding to take the gun, bullets and speedloader out of what he characterized as a locked safe in the car, put all of that in a plastic gift bag and dump it in an open trash can at a grocery store.

The defense placed more blame on the gun store salesmen, portraying Gordon Cleveland as someone willing to bend the rules to make a sale. 

Lowell re-read Cleveland’s testimony that he was the one who explained the handgun selection and speed loader to Hunter Biden. Lowell also said that the issue of how Hunter Biden’s ID was handled is not “irrelevant” as the prosecution argued.

Lowell walked through some of the conflicting testimony from the two gun shop employees and the store owner about how they dealt with Biden's lack of a second form of ID with an address.

Lowell also reiterated a point that has become central to the defense: On the ATF form that the government says Hunter Biden lied on, the question about drug use asks the potential buyer “are you” a drug user as opposed to “have you” ever used drugs.

Lowell emphasized that the form distinguishes between past and present tense when listing some of the criteria that could disqualify someone from buying a gun. “That form knows how to ask that question,” he said.

Hunter Biden's lawyer Abbe Lowell suggested prosecutors were engaging in "conjecture" in focusing on the drug residue on the pouch that held Hunter Biden's gun, Biden's withdrawal of large amounts of cash, and his reference to having suffered a "relapse."

Proof beyond a reasonable doubt is not “speculation or conjecture,” Lowell said. 

Hunter Biden's reference to a recent “relapse” in 2018 actually had to do with alcoholism, not crack, Lowell said, returning to the liquor store receipts he introduced earlier in the trial. 

Lowell then returned to the day of the gun purchase, telling the jury that Hunter Biden had gone out that day to go to the AT&T store and ended up in the gun shop across the parking lot intending to kill time. 

The Biden women — including the first lady; Hunter Biden’s wife, Melissa Cohen-Biden; and his sister Ashley Biden — sit in the front row of the defense side of the courtroom, angled toward Lowell at the lectern and the jury. They are all watching carefully, like a tennis match between Lowell and the screen with slides.

The defense reiterated their point that the jury shouldn't rely on Hallie Biden's testimony as proof of Hunter Biden's whereabouts because he lied to her to avoid seeing her.

"Poor Hallie Biden," Lowell said when describing her testimony.

“You don’t need an Uber to go from the driveway into the house,” he said, referring to when she said she took an Uber around Oct. 23 time frame. She was not with him that morning, Lowell reminded the jury.

On the text message to Hallie Biden from Hunter Biden where he said he was in New Castle when she asked where he was: “He wasn’t thinking that five years later he’d be sitting in a courtroom trying to explain how they talk to each other.” 

Hunter Biden lawyer Abbe Lowell pushed back on the prosecution's repeated 7-Eleven references.

“They want to give you the inference that what he was doing that morning was buying drugs,” Lowell said. “Not a cup of coffee.”

Hunter Biden's lawyer Abbe Lowell tried to undercut the testimony of Zoe Kestan, Biden's ex-girlfriend, who recalled Biden using drugs in Malibu in late September 2018, a major part of Wise’s closing argument.

“Even then, that’s a few weeks before his return” to Delaware, Lowell said.

Lowell pointed to evidence for Biden’s sobriety in that period, including invoices for his “sober companion” and his daughter, Naomi, coming to visit him in Los Angeles with her now-husband Peter Neal.

“No pipes, no scales, no drugs, not even alcohol,” Lowell said of Kestan’s testimony about the specific time period in question.

Hunter Biden lawyer Abbe Lowell pushed back against the prosecution's use of Hunter Biden's book during the trial.

Lowell said the book only captures his journey looking back and "it was not a diary entry."

Lowell argued that Hunter Biden's writing about being an addict in the book, which was published in 2021, doesn’t mean he knew he was an addict during the period he described from 2015 to 2019.

“As agent Jensen said, it was not a diary entry,” Lowell said.

Hunter Biden's lawyer Abbe Lowell began the closing argument for the defense by taking issue with the prosecution beginning closing arguments with a reference to his client's mother, sister and other relatives sitting in court (specifically, prosecutor Leo Wise told the jury, “People sitting in the gallery are not evidence”).

Lowell moved instead to outline what the prosecution needs to accomplish this case, namely clearing the burden of proof that “stays with the government throughout trial” and eliminating any reasonable doubt, displaying the definitions for burden of proof and reasonable doubt as he did so.

“With this very high burden, it’s time to end this case,” Wise said.

Lowell went on to say the prosecution took evidence of Hunter Biden’s drug use from the time around this case and used it “like an accordion and shrink it down.”

One key point he communicated to the jurors: Hunter Biden’s state of mind is critical to the counts against him. When the prosecution alleges he made a false statement in counts one and two, Hunter Biden did not believe what he put on the form was false, Lowell argued.

Knowing he was a user of or addicted to drugs at the time also applies to the possession charge against him in count three, Lowell said.

The critical phrase that prosecutors leave out is “knowing,” he said.

Before wrapping, prosecutor Leo Wise discussed Hunter Biden’s trip to visit his daughter Naomi in New York, reminding jurors about the late-night texts between the father and daughter to arrange a time to bring his truck to him, which Naomi had borrowed.

The purpose of Naomi Biden’s testimony was to show that her father was OK in October 2018, Wise said.

“Well this isn’t OK. Texting at 2:40 in the morning to come to midtown Manhattan to exchange the truck is not OK,” Wise argued.

Prosecutor Leo Wise brought up a calendar his team made, trying to show that there was virtually no time in the lead-up to the gun purchase when Hunter Biden wasn’t texting about drugs.

Wise referred to a calendar of both July 2018 and October 2018 to try to make the point that the number of drug-related messages, and, therefore, apparent drug use, wasn’t all that different in those months.

“This idea that there was heavy drug use and that correlates with many messages” in July “and that doesn’t exist in October” isn’t borne out by the evidence, he said.

Wise then put up a very visually busy calendar, which was color-coded by “drug messages,” “addiction messages,” “drug paraphernalia” and “cash withdrawals.” Nearly every day of October 2018 was colored in some way.

Using Hunter Biden’s own words from his memoir and texts against him, prosecutor Leo Wise is trying to prove that he and his team have indeed met their burden of proof.

Prosecutors showed a PowerPoint presentation with titles like “Drug messages October 2018” and “Addiction messages October 2018,” which feels very effective.

As Wise delivers the closing arguments, Hunter Biden's lawyer Abbe Lowell is intently focused on the PowerPoint presentation.

Prosecutor Leo Wise said the testimony from ex-girlfriend Zoe Kestan was that the defendant used drugs in Malibu in September, a little over two weeks before the defendant bought his gun.

“You could convict on those facts alone,” he said. 

He said that Hunter Biden’s drug use started years before the gun purchase and continued for months afterward.

Wise is continuing to go through counts two and three, and what exactly the government is required to prove.

“The United States must prove the defendant was an unlawful user of or addicted to a controlled substance and he knew it,” Wise said of count three.

"He knew he was using drugs, that’s what the evidence shows," he said.

Prosecutor Leo Wise said that for count one, the first element was agreed to in the stipulation between parties and the second element — Hunter Biden’s alleged false statement — was his answer of “no” to the question on the ATF form asking if he met that element, Wise argued.

Wise said that the defense called two witnesses from the gun shop who had “nothing to do with” who filled out the form. He also said the issue of Hunter Biden’s ID on the day of purchase is “irrelevant” because that’s not what he’s charged with. And he said Biden knew the statement was false because he “knew he was a user of or addicted to crack cocaine.”

Wise referenced the “material” instruction from the jury instructions for the final element, and then moved on to count two.

Prosecutor Leo Wise moved through each of the counts in this case and each of their elements, stating that the U.S. must prove each beyond a reasonable doubt and submitting that they have.

Wise argued that the central issue in this case is whether Hunter Biden was an unlawful user of or addicted to a controlled substance and knew that. He referenced that Abbe Lowell submitted that Hunter Biden abused alcohol since he was a teenager and abused drugs as an adult. Still, the U.S. had to prove that through witness testimony, evidence submitted in the form of messages and even the defendant’s book.

“The evidence was personal, it was ugly, it was overwhelming,” Wise said. “It was also absolutely necessary.”

Leo Wise is delivering the closing for the prosecution. 

“All of this is not evidence,” Wise said while gesturing around the courtroom. “People sitting in the gallery are not evidence.” 

You may recognize them from the news or from the community, “but respectfully, none of that matters,” Wise said. 

All that matters is the evidence that was introduced during the trial, he said. “No one is above the law,” he added.

If the jury in Wilmington finds Hunter Biden guilty, legal experts say it’s extremely unlikely (bordering on unimaginable) that the judge would place him in custody.  

In the federal system, there typically is a two- to three-month delay between conviction and sentencing, during which a confidential pre-sentencing report is prepared by the probation department. The probation officer would interview Hunter Biden as part of that process.  

We don’t yet know what the sentencing guidelines would be if he’s convicted on all counts, but one legal expert said they likely would specify around a year in prison. That doesn’t mean, of course, that Hunter Biden would receive that sentence, or any jail sentence. 

The court has taken a break for lunch. Proceedings will resume at 12:05 p.m.

Before they broke, Judge Noreika read 29 pages of the jury instructions, and she will read the remaining three or four pages after closing statements, which will begin after lunch.

Judge Noreika has begun reading the instructions to the jury and said she will read up to the part related to closing arguments.

When she finishes, the court will take a short break for lunch, and closing arguments will begin after that.

The government rested their rebuttal case at 10:56 a.m. after Jensen's testimony. Closing arguments are set to begin.

Hunter Biden's lawyer Abbe Lowell questioned FBI agent Jensen about what location data she had on his client, such as data confirming Biden was at a 7-Eleven store when he said he was.

Jensen said she did not have that. Lowell then asked Jensen to confirm there was nothing about where he was on Oct. 10, 2018, which she confirmed.

Asked if there was location data for when Biden texted telling someone to meet him at 7-Eleven, Jensen said she did not have that either.

Abbe Lowell began his cross-examination at 10:44 a.m. Lowell asked Jensen “did you check” if there’s a gas station, car wash, liquor store or anything else at the intersection she identified as the location of a 7-Eleven. Jensen said yes, there is a gas station there.

What about location data confirming he was at a 7-Eleven when he said he was? Jensen said she did not have that. And nothing confirms where he was on 10/10/18, Lowell asked. Correct, Jensen said.

And when he texted telling someone to say meet me at 7-Eleven, is there location data for that? Jensen said she did not have that.

And finally, in the texts with someone identified as Q, there was “not a guy named Bernard, not a guy named Mookie?” asked Lowell. “Correct,” said Jensen.

FBI agent Erika Jensen testified about text messages and geolocation data on Hunter Biden’s phone from the time period in question — mid-October 2018.

On Oct. 10, Jensen said, Hunter Biden sent texts to Hallie Biden about meeting someone at a 7-Eleven convenience store. It is apparent from the context surrounding the messages that the person he was going to meet was a drug dealer.

Prosecutors have called back FBI agent Erika Jensen as a witness for a brief rebuttal case.

Hunter Biden's defense team lawyers have rested their case.

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. 

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.” 

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.

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 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.

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.

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.

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.

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.

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.

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."

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.

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.

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.