As Hunter Biden's firearms charges trial enters its sixth day in Delaware, all eyes were on whether he will testify, a potential make-or-break moment for his defense.
Federal prosecutors have charged the president's sole surviving son with lying on a federal firearm form, ATF Form 4473, by falsely stating that he was not an unlawful user of or addicted to controlled substances. He faces charges of making a false statement on a firearms transaction record and illegal possession of a firearm while being a drug user.
If convicted, Biden could face a maximum of 25 years in prison and a maximum fine of $250,000 per count. However, the actual sentence could vary widely based on several factors, including past criminal history and judicial discretion.
Biden has pleaded not guilty. His defense team, led by attorney Abbe Lowell, does not dispute his well-documented struggles with addiction. Instead, they argue that at the time of the 2018 handgun purchase, Biden did not consider himself an unlawful drug user.
The trial took a pivotal turn last Friday when observers overheard Lowell discussing the possibility of calling Biden to testify. Biden's attorney reportedly said that a decision would be made over the weekend and communicated to special counsel David Weiss.
The final decision will be made public sometime after 8:15 a.m. when Judge Maryellen Noreika requested both parties to appear at the J. Caleb Boggs Federal Building and United States Courthouse in Wilmington.
Moments ago, CNN reported that it appears Biden would not testify. Closing arguments are expected to begin shortly:
Hunter Biden's defense attorney Abbe Lowell indicated in court Monday that Hunter Biden will not testify in this case. He agreed to allow the judge to give an instruction to the jury that they shouldn't hold it against him that he “did not testify” in this case.
The instruction will be read later today to the jury.
However, this is not the same as announcing definitively that Hunter Biden is not testifying.
That would be announced officially when the defense rests its case, in the presence of the jury.
Fox News explains how emotional testimony from Biden's family has marked the trial, attempting to humanize Hunter:
Naomi Biden took the stand early Friday afternoon in the federal courthouse, dressed in all black with her hair pulled back, and told the court amid her testimony that she was “nervous.” Hunter Biden appeared emotional when his daughter first entered court, taking out a tissue at one point and dabbing his eyes.
The first granddaughter told the court that she is aware of her father's addiction to drugs, but said she had never witnessed him use drugs, namely crack cocaine.
“Yes, I knew that he was struggling with addiction,” she said. “After my uncle died things got bad…”
Beau Biden, the eldest son of President Biden, died in 2015 after battling an aggressive form of brain cancer.
Naomi faced intense questioning when prosecutor Leo Wise asked her about driving Hunter's pickup, which she had for a period of time when she lived in New York City.
Last week, the court heard that Hunter had stored the Cobra Colt .38 in the truck's center console, before his then-girlfriend, Hallie Biden, found it and discarded it in a trashcan outside a Delaware grocery store.
Naomi Biden testified that the truck was in good condition when she returned it to her father on Oct. 19, telling the court there were no remnants of drugs and crack cocaine. Hallie Biden had testified she found the gun in the truck on Oct. 23, telling the court she also found a “dusting” of powder in the truck on Oct. 23.
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