WILMINGTON, Del. — Opening statements will begin Tuesday morning in the federal criminal trial of Hunter Biden.
Opening statements are expected to begin shortly after 9 a.m. ET, with prosecutors from special counsel David Weiss‘ office expected to lay out their case against President Joe Biden’s son in federal court in Wilmington, the largest city in the family’s home state, Delaware.
Hunter Biden is charged with three counts tied to possession of a gun while using narcotics. Two of the counts accuse him of having completed a form indicating he was not using illegal drugs when he bought a Colt Cobra revolver on Oct. 12, 2018. The third count alleges he possessed a firearm while using a narcotic.
The indictment said Biden certified on a federally mandated form “that he was not an unlawful user of, and addicted to, any stimulant, narcotic drug, and any other controlled substance, when in fact, as he knew, that statement was false and fictitious.”
He has pleaded not guilty.
A jury of 12 — six men and six women — and four alternates were selected from a pool of over 60 potential jurors Monday. He was joined in court by first lady Jill Biden, who turned 73 on Monday. She sat next to Hunter Biden’s wife, Melissa Cohen Biden, in the audience. It is unclear whether the first lady will return to court Tuesday.
A source familiar with the situation said to expect “a steady stream of family and friends” of Biden to attend throughout the trial.
At least 15 people in the jury pool said they have family members, significant others or close friends with substance abuse issues, including four who were ultimately selected. A source close to the president and the first lady said that they appreciated the many people who have been affected by addiction or substance abuse and have long felt that people understand the complexity of that dynamic and that they saw it on display in court.
Witness testimony will begin after Biden’s attorney delivers his opening statement.
Prosecutors said their first witness will be FBI Special Agent Erika Jensen. According to a government court filing, Jensen will introduce some of the prosecutors’ evidence, including text messages they say show Biden was using crack in the months before and after the gun purchase.
Among the messages prosecutors plan to introduce is one from the day after the purchase, in which he messaged someone that he was “waiting for a dealer.” They also plan to introduce one from Oct. 14, 2018, in which he is alleged to have written, “I was sleeping on a car smoking crack.”
Jensen will also introduce “the defendant’s admissions in his book/audiobook, as well as introduce other evidence included on the government’s exhibit list.”
Prosecutors say they plan to call around 12 witnesses. Among them is Biden’s ex-wife, Kathleen Buhle, and Hallie Olivere Biden, the widow of his late brother, Beau.
Biden’s lawyer, Abbe Lowell, has said he wants to call the owner of the gun shop as a witness and two to three expert witnesses. Weiss’ office has challenged some of the experts’ testimony.
Monica Alba and Sarah Fitzpatrick contributed.
