In a partial victory for Hunter Biden on firearms charges, the judge in his case said prosecutors could not comment on his upcoming tax trial in California, child support case in Arkansas or discharge from the Navy.
But prosecutors could bring up details of Biden’s drug use, parts of his memoir, “Beautiful Things,” and summaries of data from his cell phone and iPad.
Biden, the son of President Joe Biden, and special prosecutor David Weiss appeared at a pretrial hearing on Friday ahead of the trial’s scheduled start date of June 3.
Judge Mary Ellen Noreika also granted the defense’s motion to exclude comments Biden made during a July 2023 hearing where a previous plea deal collapsed. Judge Noreika blocked prosecutors from saying the evidence showed Biden lived a “life of luxury,” but the judge said Biden’s drug-related activity “may be relevant to this case.”
The trial is set to begin on June 3 after a federal appeals court denied Hunter Biden’s request for a delay. Prosecutors are expected to call Hunter Biden’s ex-wife, Kathleen Buehl, and his late brother’s widow, Hallie Olivia Biden, as witnesses.
On Friday, prosecutors also indicated they want to call as witnesses employees of the gun store where Hunter Biden bought the revolver and filled out the ATF paperwork. Hunter Biden’s lawyer, Abe Lowell, said he wants to call the gun store owner as a witness.
The government may call 12 witnesses in total, and Rowell said the defense will need two to three expert witnesses. The sides have agreed with the court to inform potential jurors that the trial could continue until June 14.
At various points during the hearing, Hunter Biden leaned back in his chair or stared at Derek Hines, the lead prosecutor in the case. Judge Hines reviewed certain documents, including a list of potential witnesses, before handing them over to the defense only afterward.
Tensions grew during parts of the hearing, with Hunter Biden and Lowell voicing frustration and Lowell shaking his head as lawyers and the judge discussed jury instructions, but the two-hour hearing ended in a more cordial atmosphere as Noreika explained the procedure.
Later, when Judge Lowell asked whether Hunter Biden would be able to participate in any lawyer-judge sidebars that might take place near the judge’s bench during the trial, she suggested Biden would be allowed to “roam” the courtroom — a freedom not all defendants in her courtroom enjoy. Biden laughed.
Biden’s son, 54, was indicted in September on three charges related to possessing a gun while under the influence of drugs. He has pleaded not guilty.
Prosecutors charge that Biden did not properly fill out paperwork stating he was not using illegal drugs when he bought a Colt Cobra revolver in October 2018. They also allege that Biden possessed a firearm while using drugs.
Biden and first lady Jill Biden are scheduled to travel to Wilmington, where Biden owns a home, to begin their holiday weekend while a pretrial hearing is taking place Friday afternoon.
Biden has faced attacks from the right over his son’s business dealings. A Republican-led impeachment inquiry has found no evidence that Biden was involved in his son’s legal troubles, and the president has denied any wrongdoing.
The president will be overseas for part of his son’s trial next month but will closely watch developments as a concerned parent rather than as an incumbent seeking reelection, three people familiar with his thinking said.
The president’s advisers will be watching the trial, monitoring any mentions of the president and deciding whether to respond in real time.
Hunter Biden also faces tax charges in California, and a federal judge on Wednesday granted his request to postpone his trial from its original June 20 date to Sept. 5. He has also pleaded not guilty in that case.
Weiss, the U.S. attorney for Delaware and an appointee of President Trump, led the investigation into Hunter Biden. Attorney General Merrick Garland appointed Weiss as special counsel in August 2023.
