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 prosecutorsrested their caseagainst 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 seedrug 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.
Naomi Biden’s emotional testimonyabout 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 amongthe 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.
Naomi Biden said she met with him and his sober coach, and brought her boyfriend, now husband. It was "the cleanest she had seen him since my uncle died," Naomi Biden said.
"I was proud of him, and I was proud to introduce Peter to him,"she said.
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.
Prosecutors seemed to catch Naomi and defense attorney Abbe Lowell off guard when they introduced her to a series of texts sheexchanged with her father during the trip to New York.
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.
The defense attorneys said they have not decided if Hunter Biden will testify, and they have until Monday to make that decision.
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 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.
“JimmyJohn’sagain?” one law enforcement officer posted outside the room asked.
“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 inHunter 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:
- FBI chemist takes the stand: Prosecutors called FBI forensic chemist Jason Brewer to testify that powder found on a pouch that held Hunter Biden’s gun tested positive for cocaine. While the case was recovered in 2018, the defense notes that it wasn’t tested until 2023 and have suggested the pouch may have belonged to Hallie Biden, who testified about her own drug use Thursday.
- DEA agent testifies: DEA special agent Joshua Romig also took the stand. The prosecution called him to help define various drug terms related to cocaine in text messages from Hunter Biden that were shown to the jury.
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 Rabinowitzat 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 "stillseemedgood" on October 18, 2018
From CNN’s Marshall Cohen, Holmes Lybrand and Hannah Rabinowitzat 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.
