The judge presiding over Hunter Biden’s federal gun case in Delaware has ruled that prosecutors cannot use certain salacious evidence in the trial, including references to his U.S. Navy discharge and child support case for his out-of-wedlock daughter in Arkansas. Despite this ruling, prosecutors plan to use portions of Hunter Biden’s book and laptop, including photos, to prove that he made false statements when purchasing a revolver in 2018 while actively using narcotics. Hunter Biden has pleaded not guilty to the charges. The court met for its final hearing before jury selection begins on June 3, and Judge Maryellen Noreika stipulated that prosecutors must show Hunter Biden was addicted to drugs, but not necessarily using drugs on the day he purchased the gun.
In court documents filed on Friday, Hunter Biden’s defense attorneys requested to block certain salacious details of his life from being presented to the jury, citing the risk of unfair prejudice. They asked the court to exclude references to child support proceedings in Arkansas and Hunter Biden’s discharge from the Navy. The defense argued that details such as expenses on adult entertainment or encounters are not relevant to the charges. Noreika agreed in part and ruled that the special counsel cannot use the phrase “extravagant lifestyle” but can include evidence showing that Hunter Biden was spending a substantial amount of money. The judge also stated that discussions on Hunter Biden’s discharge from the U.S. Navy and his comments from his initially pleaded guilty day cannot be used in the trial.
According to the gun indictment, Hunter Biden bought a revolver in 2018 and made a false written statement certifying that he was not an unlawful user of narcotics when he, in fact, was. The indictment also charges him with possessing that firearm despite being addicted to narcotics. If convicted on all counts, Hunter Biden could face up to 25 years in prison, with each count carrying a maximum fine of $250,000 and three years of supervised release. Police had previously responded to an incident in 2018 when a gun owned by Hunter Biden was thrown into a trash can outside a market in Delaware. Hallie Biden, who was in a relationship with Hunter at the time, may be required to testify during the trial.
During the pre-trial hearing, Noreika decided that Hunter Biden’s defense attorneys cannot inform the jury that Delaware state police declined to charge him at the time of the gun incident. Federal prosecutors did not file charges until five years later. Additionally, the special counsel cannot mention Hunter Biden’s pending federal tax trial in California during the trial in Delaware, which is part of Weiss’ investigation and scheduled for September. Hunter Biden pleaded not guilty to three felonies and six misdemeanors concerning $1.4 million in owed taxes, which have since been paid. The tax trial was scheduled to begin on June 20 but has been delayed to September 5 as per Hunter Biden’s attorneys’ request.
