Jury deliberations will continue Tuesday in Hunter Biden gun trial

Hunter Biden (C), son of US President Joe Biden exits the J. Caleb Boggs Federal Building on June 10, 2024 in Wilmington, Delaware. Jury deliberations began on Monday in Hunter Biden's trial on federal gun charges, US media reported. Biden, 54, the son of US President Joe Biden, is accused of lying about his illegal drug use when he bought a handgun in 2018. (Photo by RYAN COLLERD / AFP)

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.

William J. Hennessy Jr.

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.

William J. Hennessy Jr.

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.

Getty Images

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.

Abbe Lowell, attorney for Hunter Biden, arrives to the J. Caleb Boggs Federal Building on June 10, 2024 in Wilmington, Delaware. The trial for Hunter Biden's felony gun charges resumes today with the defense’s team. (Photo by Anna Moneymaker/Getty Images)

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, son of U.S. President Joe Biden, joined by his wife Melissa Cohen Biden, arrive to the J. Caleb Boggs Federal Building on June 10, 2024 in Wilmington, Delaware. (Photo by Anna Moneymaker/Getty Images)

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.

Rep. James Comer, R-Ky., discusses the House considering to hold Attorney General Merrick Garland in contempt, the significance of the Biden-Hur audio tapes, and the criminal referrals from Hunter and James Biden.

"What we have... is Hunter Biden, under oath, in a deposition, lying. He perjured himself two different times at least about Joe Biden's involvement and participation in schemes," Comer said. "We know from our comprehensive investigation... that Joe Biden was the central figure in the family's influence peddling scheme. The tens of millions of dollars that the Bidens took in from our adversaries around the world, which according to the IRS whistleblowers they never paid a penny of taxes on, all of this happened because Joe Biden was the central figure in selling the brand and convincing the shady characters around the globe that his family was essentially speaking for him and to go ahead and wire that money to those shell accounts."

Hunter Biden will not take the witness stand in his own defense in his federal gun crime trial. Defense attorney Abbe Lowell told the judge and jury Monday morning that, “Mr Biden rests his case.”

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

Fox News' Jake Gibson contributed to this update.

Fox News contributor Andy McCarthy said on Fox News' America's Newsroom Monday it's "a good decision" that Hunter Biden won't testify in his criminal gun trial.

"I think looking at his potential sentencing guidelines, it looks to me like even if he gets convicted here he's got a good chance of avoiding a prison sentence," McCarthy said. "That calculation can change. If a defendant takes the stand and gives a version of events that the jury obviously rejects, especially if what we just heard is true that the government would come back with rebuttal witnesses, and the consequences of that under the sentencing guidelines would be to add additional points to computing his offense level as it's called in the guidelines, which would lead to closer toward a prison sentence."

"So, I think this is a smart move," he added.

Defense attorney Abbe Lowell had indicated last week that Hunter may testify in the case, but he has yet to confirm to Judge Maryellen Noreika if the first son will not take the stand.Hunter 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.

Fox News' Brianna Herlihy contributed to this report.

Monday marks the 6th day of the federal gun crime trial of the president's son, Hunter Biden. His defense team has yet to confirm whether Hunter will testify in his own defense, but has indicated that he will not -- meaning the trial could conclude in the next day or two with closing arguments.

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.

Here is the list of everyone who has taken the witness stand so far:

Kathleen Buhle, Hunter Biden’s ex-wife

Naomi Biden, Hunter Biden's daughter 

Zoe Kestan, Hunter Biden's former girlfriend

Delaware State Police Senior Cpl. Joshua Marley, who responded to the incident at Janssen's Market, the location where Hallie disposed of Hunter's gun

Retired Lt. Millard Greer, who offered testimony on how police discovered the gun at the center of the case

Gordon Cleveland, a gun store employee who sold Hunter Biden the firearm

Hallie Biden, the widow of Beau Biden and Hunter Biden's former girlfriend

Edward Thomas Banner, the man who recovered Hunter Biden's gun from a dumpster

FBI special agent Erika Jensen

Joshua Romig, a DEA special agent 

Jason Turner, a gun store employee 

Fox News' Aubrie Spady contributed to this update

Hunter Biden's alleged gun crime is "far more clear cut" compared to former President Donald Trump's trial, Fox contributor and editor at large of The Spectator, Ben Domenech, said Sunday on Media Buzz.

"It's a document that you have to sign under under penalty of perjury," Domenech said. "Everybody has to do this when they're buying a firearm, and in his case, Hunter obviously lied on that forum when he said that he was not addicted to any drugs when he said that he was able to purchase this weapon."

"The irony of this is actually the Joe Biden himself signed a law into effect that made the penalty for this type of crime higher than it was in the past historically," he added.

Domenech suggested that while Trump's private business records faced scrutiny, Hunter Biden's recent media attention has revealed "the degree to which this had gone off the rails as much as it had."

"I think there were a lot of people who were learning these things about Hunter Biden for the first time," he said. Nonetheless, Trump's charges "was a completely different standard."

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.

Fox News Digital's Emma Colton contribtued to this report.

Dozens of former intelligence officials who signed a letter warning Hunter Biden's infamous laptop "has all the classic earmarks" of Russian disinformation are either declining to retract or doubling down despite the device being entered as evidence in his ongoing criminal trial.

Fox News Digital reached out to all 51 individuals who signed the heavily scrutinized October 2020 letter, published just before the 2020 presidential election, asking if they regretted signing it now that the laptop is being used by the prosecution arguing Hunter committed a federal gun crime.

"No," former Obama Director of National Intelligence James Clapper simply said, also declining to publicly remove his name from the letter or concede that those signing onto it should have waited longer for more information to develop.

Mark S. Zaid, an attorney representing signatories Ronald Marks, Marc Polymeropoulos, Douglas Wise, Paul Kolbe, John Sipher, Emile Nakhleh and Gerald O’Shea, sent Fox News Digital a statement on behalf of his clients that doubled down on the importance of the letter and claimed it was "patriotic" to sign it.

Fox News' Brandon Gillespie contributed to this report

Hunter Biden (Getty Images)

On Monday morning, one jury instruction, which has to do with defendant’s potential testimony, was struck from the list -- seeming to suggest that Hunter Biden won't testify in his own defense.

Defense attorney Abbe Lowell had indicated last week that Hunter may testify in the case, but he has yet to confirm to Judge Maryellen Noreika if the first son will not take the stand.

Hunter 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.

Fox News' Jake Gibson and Anders Hagstrom contributed to this update .

Fox News legal analyst Gregg Jarrett discusses the impact Hunter Biden's testimony could have if he is called to the witness stand in his federal gun trial.

"His problem is there is no defending the indefensible. The evidence overwhelming. He lied, he incriminated himself on the laptop, in his own book, witnesses confirmed the lie," Jarrett said.

Jarrett also discussed Hunter Biden's defense, which Jarrett argued was thin and may depend on a friendly jury in Delaware.

"It's Delaware, it's the Biden's personal theifdom, and it's a friendly jury," Jarrett said. "His main defense is really quite desperate. That he was so addicted that he was in denial about his addiction therefor didn't knowingly lie. But under the law being addled by drugs is not a defense, which means... his real defense is a combination of sympathy for a recovering addict and jury nullification, ignore the facts, disregard the law."

First Lady Jill Biden arrived to the Delaware courthouse for day six of Hunter Biden's federal gun crime trial on Monday.

Jill joined President Biden's siblings, Valerie and James Biden, inside the courthouse. The defense is set to decide whether Hunter will testify on Monday. His testimony would likely take most of the day, according to his attorney, Abbe Lowell.

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.

Biden is facing charges of making a false statement in the purchase of a gun, making a false statement related to information required to be kept by a federally licensed gun dealer, and possession of a gun by a person who is an unlawful user of or addicted to a controlled substance.

He pleaded not guilty in the case. It is the first time in U.S. history that a sitting president's child is on trial.

The total maximum prison time for the three charges could be up to 25 years. Each count also carries a maximum fine of $250,000 and three years of supervised release.

Both of President Biden's siblings are in attendance at the sixth day of Hunter Biden's criminal trial in Delaware on Monday.

Valerie and James Biden were seen speaking to one another outside the courthouse as Hunter arrived. Hunter could be seen smirking as he approached the the duo. They exchanged greetings and then entered the courthouse together.

Hunter Biden (Getty Images)

Monday's proceedings could see Hunter take the stand to testify in his own defense. His attorney, Abbe Lowell, indicated last week that he would decide on Monday whether Hunter should testify.

If he does testify, his questioning is likely to last most of the day. If he does not testify, however, the defense could move forward quickly to jury deliberations.

Hunter faces a maximum sentence of 25 years in prison if he is convicted on all charges.

Hallie Biden testified Thursday that she was "panicked" and "wanted to get rid" of Hunter Biden's gun because she "didn't want him to hurt himself." Her comments come after the surveillance footage of Hallie throwing Hunter’s gun away and later going back to look for it on October 23, 2018, were released by the court.

"I realize it was a stupid idea now, but I was panicking," Hallie said Thursday.

A separate clip showed Hallie return to the store to frantically search for the gun, which was nowhere to be found at the time. She testified that she asked store employees whether the trash had been taken out.

Fox News’ Kyle Morris contributed to this report. 

James Brian “Jim” Biden is a political consultant, fundraiser, and younger brother to President Joe Biden.

During President Biden’s 1972 senatorial campaign, Jim Biden served as Biden’s fundraiser before going into the nightclub business. Throughout their history, Jim Biden has been considered a potential liability for the president due to his propensity to leverage his family name in business dealings that occasionally end in bankruptcy and lawsuits.

In 2023, House Republicans subpoenaed Jim and Hunter Biden, Joe Biden’s son, over investigations into the business dealings of their family. In June, House Republicans then issued criminal referrals for both Jim and Hunter, accusing them of making false statements to Congress during the impeachment inquiry into President Biden. 

“Congress cannot allow anyone, not even the president’s son or his brother, to stand in the way of its oversight of the executive branch or deny the American people the accountability they deserve,” Rep. Jason Smith, R-Mo. said in a statement.

“Beautiful Things” is first son Hunter Biden’s 2021 memoir. In it, he openly acknowledges previous struggles with drug addiction.

On Tuesday, excerpts from the audiobook were broadcast in court. Hunter Biden also narrates the book.

In it, he describes how he could be a “crack daddy” to Washington, D.C. drug dealers because his addiction was so strong. He also wrote about his encounters with a female drug dealer in the nation’s capital nicknamed, “Bicycles,” as well as the time he purportedly accepted cocaine from a stranger in a restroom in Monaco.

In the book, he also wrote about the 1972 car accident in Hockessin, Del., that claimed the lives of his mother, Neilia Biden, and his baby sister, Naomi Biden.

He also wrote about the cancer-related death of his older brother, former Delaware Attorney General Joseph R. Biden III; nicknamed “Beau.”

If found guilty on all three counts, Hunter Biden could be sentenced to up to 25 years in prison. Hunter Biden has no prior criminal record, and first-time offenders often receive more lenient sentences than the maximum handed down by the judge. 

The final decision rests with District Judge Maryellen Noreika of Delaware. Notably, these charges fall under federal jurisdiction, granting President Joe Biden the authority to pardon his son at any time. Additionally, if Hunter Biden is convicted, the president could choose to commute the sentence, thereby reducing the severity of the penalty. The White House has indicated, however, that Biden will not pardon his son.

First son Hunter Biden could testify in his criminal trial on Monday, according to his defense team. 

Day five of Biden's historic trial in Wilmington, Delaware, regarding the purchase of a handgun in 2018 could include testimony from the man in question himself. Defense attorney Abbe Lowell was heard saying following Friday's lunch break that he will take the weekend to decide if he will call Biden to testify, and that he will notify Special Counsel David Weiss' office of the decision. 

Details surrounding the decision will be made public some time after 8:15 a.m. Monday, when presiding Judge Maryellen Noreika requested both legal parties report back to the J. Caleb Boggs Federal Building and United States Courthouse.

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.

Biden is facing charges of making a false statement in the purchase of a gun, making a false statement related to information required to be kept by a federally licensed gun dealer, and possession of a gun by a person who is an unlawful user of or addicted to a controlled substance.

He pleaded not guilty in the case. It is the first time in U.S. history that a sitting president's child is on trial.