Jury deliberations will continue Tuesday in Hunter Biden gun trial

Hunter Biden and his legal team departed the Delaware courthouse late Monday afternoon after the judge dismissed the jury.

No verdict has yet been reached in the federal gun crime case against the president's son. The jury will resume deliberations on Tuesday at 9:00 a.m.

Judge Noreika dismissed the jury Monday afternoon after they were sent to deliberate the case against Hunter Biden following closing arguments.

No verdict has yet been reached.

The deliberations are set to resume Tuesday at 8:15 a.m.

Prosecutor Derek Hines followed after Abbe Lowell’s closing arguments, which lasted about 90 minutes, with the final closing rebuttal from Special Counsel Weiss’ team. 

Hines said Lowell had said a number of unfair things, including that the jury has Hunter Biden’s “life in your hands.”

"You don’t have his life in your hands. Was he an addict? Did he know he was an addict when he filled out that form?" Hines questioned, adding that those questions were all that the jury has to decide.

“Choices have consequences and that’s why we’re here," he said.

Hines brought up Lowell’s comment that it was “cruel” the way the prosecution questioned Naomi Biden.

“Who called the defendant’s daughter to the stand? Not us…," Hines said.

"The defendant was a crack addict and a drug user and he had a gun," he said.

"That’s against the law," Hines said. "The evidence clearly shows the defendant knew he was a drug addict.”

 Hines reminded the jury that the prosecution doesn’t have to prove that Hunter was using drugs on the day he bought the gun. Just “recently enough to indicate the person was actively” addicted to drugs.

“When he decided to lie on that form, that’s when the crime was committed," he emphasized.

Hines then brought up Lowell’s narrative that Hunter may have been lying to Hallie Biden in the infamous texts from Oct 13th and 14th when he said he was meeting a dealer named Mookie and smoking crack on a car.

“There’s no evidence that he was lying in those texts,” said Hines, adding that Hunter even texted directly after those texts, “That’s my truth.” 

Fox News' Jake Gibson contributed to this update.

During closing arguments, Hunter kept his eyes focused for a period of time on the jurors.  The president's son appeared much more upbeat Monday compared to other days.

He was seen smiling often, coming back to greet people in several rows, hugging and and kissing them while thanking them for supporting him.  

Fox News' David Spunt contributed to this update.

Judge Maryellen Noreika sent the jury back to begin deliberations in Hunter Biden's federal gun trial case on Monday afternoon.

Noreika gave the second portion of her final jury instructions to jurors shortly before dismissing them to deliberate.

Biden is accused of lying on a federal firearm form, known as ATF Form 4473, in October 2018 when he ticked a box labeled "No" when asked if he is an unlawful user of a firearm or addicted to controlled substances.

Fox News' Jake Gibson contributed to this report.

MSNBC political analyst Molly Jong-Fast ran defense for Hunter Biden in a new column and TV appearance by calling addiction a "disease" and not a "moral failing" as his federal gun trial concludes this week.

"Addiction is a disease," she wrote on MSNBC. "People who struggle with addiction are sick, not bad. Huge swaths of the country are affected by alcohol and drug addiction that affects not just them, but their family members and people who are even tangentially connected to them — the parents, grandparents and kids and brothers and sisters and acquaintances of the addict."

"The reason why I wanted to come forward and write about this is because, even though I’ve been sober since I was a teenager, I felt that the disease that Hunter Biden has is the same disease that I have," Jong-Fast said Monday on "Morning Joe."

Read the full report by Brian Flood and David Rutz here.

Prosecutor Derek Hynes began his rebuttal at 3:00 p.m. ET, which will be brief.

Hynes will be responding to Hunter Biden's defense, which highlighted the high burden of proof the government has to meet in order to secure a guilty verdict, arguing that the prosecution has not met that high bar. The defense accused the prosecution of using a "magicians trick," showing you part of the image in one hand but not giving you the full picture in the other.

Biden is accused of lying on a federal firearm form, known as ATF Form 4473, in October 2018 when he ticked a box labeled "No" when asked if he is an unlawful user of a firearm or addicted to controlled substances.

Fox News' James Levinson, Brianna Herlihy and Michael Lee contributed to this report.

Hunter Biden's defense team highlighted the high burden of proof the government has to meet in order to secure a guilty verdict, arguing that the prosecution has not met that high bar.

The defense accused the prosecution of using a "magicians trick," showing you part of the image in one hand but not giving you the full picture in the other.

They also talked issues with the timeline of events, accusing the defense of trying to connect issues of past behavior with the time of the gun purchase, noting that Biden's past behavior doesn't mean he was doing the same thing at the time of the purchase.

The defense also questioned the use of Biden's memoir, arguing that it's not a diary and it is what Biden remembers about being a drug addict.

In regards to the text messages sent around the time of the alleged gun purchase, the defense pointed out that Biden could have been lying about meeting a dealer or smoking crack, pointing to previous lies.

Fox News' James Levinson contributed to this update

Defense attorney Abbe Lowell begins closing arguments ahead of jury deliberations on the 6th day of the federal gun crime trial against Hunter Biden.

Biden is accused of lying on a federal firearm form, known as ATF Form 4473, in October 2018 when he ticked a box labeled "No" when asked if he is an unlawful user of a firearm or addicted to controlled substances.

Hunter faces a maximum sentence of 25 years in prison if he is convicted on all three counts against him

Fox News' Rich Edson reports the latest on the first son's gun trial. Meanwhile, the 'Outnumbered' panel also gave their take on why many critics believe addiction is not the real issue at the center of the case.

"The jury could get this case later today or early tomorrow," Edson said.

Edson also touched on those that were in court to support Biden during Monday's proceedings."Roughly two dozen family members and allies are here of Hunter Biden including First Lady Jill Biden, his sister Ashley, Jim Biden his uncle, and Hunter's wife, Melissa. Hunter's flashed them a big smile... but overall has remained pretty serious," Edson said.

Edson also noted that Biden's tax trial is set to begin soon even as this trial is just starting to wrap up.

Prosecutor Leo Wise said the evidence in Hunter Biden's federal gun trial is “personal,” “ugly” and “overwhelming," but added that it is "necessary."

Hunter's own nonfiction book, "Beautiful Things," was "key evidence that Hunter was using drugs," Wise said, adding that his closing statements would focus on the evidence showing Hunter was addicted to drugs and “that he knew it."

Wise then displayed the firearm form on the screen (Exhibit 10a), pointed to question 11e which was highlighted, and said “this is the statement the evidence proved is false." The form Wise was referring to showed Biden checked a box which asked whether he was an illegal drug user before purchasing a firearm.

Regarding witnesses, Wise said Gordan Cleveland is the “only relevant” witness from the gun shop StarQuest Shooters, since he was the only person to testify he saw Hunter fill out the form.

Wise slowly walked through the elements in each count, highlighting that counts 1 and 2 are related to how the defendant acquired a gun by making a false statement, while count 3 is a possession offense. Wise added that there is no evidence that anyone else possessed the firearm. 

Wise showed the courtroom a slide that defined the word “knowingly.” Wise then said that maybe if Hunter “hadn’t been to rehab” that he could argue he didn’t know he was an addict.

The prosecution's closing arguments are ongoing. 

Fox News' Aubrie Spady contributed to this report.

The jurors set to decide the fate of Hunter Biden might believe that the son of President Joe Biden is guilty of the three felony firearm offenses he faces in a historic federal gun trial – and still vote to acquit him.

Even if the prosecution ably proves its case surrounding Biden’s October 2018 purchase of a .38 revolver from a gun shop in Delaware – it’s alleged that Biden lied on ATF Form 4473 when he ticked a box labeled "No" that asked if he is an unlawful user of a firearm or addicted to controlled substances – the Biden family’s outsized influence in the state, the political leanings of jurors, or a dismissive attitude toward the charges brought could lead the jury to acquit.

"The Bidens’ influence and their power in the state can’t be underestimated," Heritage Foundation senior legal fellow Zack Smith told Fox News Digital. "But I think the sympathetic issue is the one that Hunter Biden’s legal team is focusing on."

Nearly all the jurors impaneled said during the selection process that they knew someone with substance abuse issues. Smith said it’s likely that Biden’s defense team is hoping to play on those sympathies to convince jurors not to hold Biden responsible for checking the box.

"Particularly, some of the jurors might have had family or friends struggling with substance abuse issues and have some sympathy for Hunter Biden and his substance abuse issues," Smith said.

Prosecutor Leo Wise, faced the jury with a PowerPoint behind him and began his closing arguments Monday afternoon.

He started, and referred directly to the Biden family members behind Hunter Biden, on his side of the gallery.

"People sitting in the gallery are not evidence," he said.Wise appeared to be referring to the Biden family in attendance during the trial, which included the First Lady.

He also reminded them of his colleague, Derek Hines' remarks in the opening statement, that nobody is above the law.

Closing arguments are ongoing.

Court has resumed and the jury has been seated and closing argument have begun.

The prosecution rested its case against Hunter Biden just after 11 A.M. Monday, while Biden never took the stand in his own defense.

Biden faces gun charges that arose from the 2018 purchase of a firearm, a purchase prosecutors allege was made while he as addicted to narcotics.

Biden faces a maximum of 25 years in prison if convicted on all three counts.

The court will break for lunch until about 12:05 P.M., when closing arguments are expected to being.

The judge brought the jury in to resume the trial at about 10:30 A.M. Monday.

Some of Hunter Biden's family members were back for the trial, including First Lady Jill Biden, James Biden, Valerie Biden Owens, and Ashley Biden. The family departed the court at about 11:25 A.M.

Hunter Biden's defense attorney Abbe Lowell pointed to prior testimony about his client's location on October 15-16, 2018 in text message exchanges and suggested FBI Special Agent Erika Jensen didn't know exactly what Hunter was doing at the 7-Eleven so early in the morning.

However, the prosecution suggested in their line of questioning that Hunter Biden was trying to reach out and find drug dealers, pointing to a pattern of previous exchanges.

Moments after the prosecution had one additional question for Jensen and Lowell concluded his questions, they rested their case and there were no more rebuttal witnesses.

Justice Department prosecutor Derek Hines tried to establish that Hunter went to New York on Oct. 17-18, 2018, conflicting with Hunter's daughter Naomi Biden's testimony that he could have been in New York around Oct. 15.

Hines then pulled up Government Exhibit 125A, showing texts and location data from Hunter's messages and showed the timeline of texts/location data to the court:

• Text chain from 10/10/2018 shows Hunter arranging a meeting at 7-Eleven with someone (name of the person is unknown).

• Text chain from 10/11/2018 shows the same number texting Hunter that they are “at 7-Eleven.”

• Text from Hunter to Hallie on 10/13/2018 about “Bernard who hangs at 7-Eleven.”

• Geolocation data from 10/16/2018 put him near Hallie Biden's residence at 4 a.m.

• Location data shows Hunter in New York on 10/18/2018.

• Hines showed an email from Exhibit 19, pg 208 -- an excerpt from Hunter’s book -- about dealers not working on your time and arranging meetings at 7-Eleven.

Fox News' James Levinson and Brianna Herlihy contributed to this report.

After the prosecution rested its case, Judge Noreika told the jury she was going to read them some of the jury instructions.

She then told the jury after her partial jury instructions there will be a lunch break, and after lunch the court will move to closing arguments. Traditionally prosecution goes first, followed by defense followed by a final rebuttal from the prosecution if they choose to do so.

The jury will likely get the case this afternoon and begin deliberations either late today or first thing Tuesday morning.

Fox News' Jake Gibson contributed to this update.

Hunter Biden will not testify in his own defense in his federal gun crime trial, despite earlier indications from his defense attorney Abbe Lowell that he might. Lowell told the judge and jury Monday morning that, "Mr. Biden rests his case."

The prosecution called FBI Special Agent Erika Jensen back to the stand. 

Hunter Biden is joined in the courtroom by a cohort of family members, including First Lady Jill Biden; his wife, Melissa Cohen Biden; his half-sister Ashley Biden; friend Kevin Morris; his aunt Valerie Biden Owens; and her husband, Jack. President Biden's brother, James Biden, is also in attendance.

Prosecutors are working to prove that Biden lied on a federal firearm form, known as ATF Form 4473, in October 2018 when he ticked a box labeled "No" when asked if he is an unlawful user of a firearm or addicted to controlled substances. Hunter Biden purchased a Cobra Colt .38 from a store called StarQuest Shooters & Survival Supply in Wilmington.

Prosecutors have called back FBI Erika Jensen for a rebuttal.

Jensen is an FBI agent who was assigned to Hunter Biden's case in the fall of 2023.

Jensen originally testified about the investigation, including reviewing bank statements and text messages allegedly sent by Biden in 2018.

During her testimony, Jensen confirmed the authenticity of Biden's laptop, with data from the device taking center stage in the case against the president's son.