Hunter Biden's lawyers plan to put him on the stand in gun trial, decision to be made this weekend

Lawyers for Hunter Biden, who faces three criminal charges related to the purchase of a revolver in 2018, left open the possibility that he could testify at his criminal trial next week, as the court is concluded on Friday.

Defense attorney Abbe Lowell said Friday, the fifth day of the trial, that he would decide over the weekend whether to call Biden to the stand as a final witness.

Biden faces charges of making a false statement when purchasing a firearm, making a false statement related to information required to be maintained by a federally licensed gun dealer, and possession of a firearm. fire by a person who is an illegal user of or addicted to a controlled substance.

Lowell's decision on whether to put Biden on the stand will be made over the weekend, and he said he will notify special counsel David Weiss' office when he reaches that decision.

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Hunter Biden

Hunter Biden, President Biden's son, leaves the J. Caleb Boggs Federal Building in Wilmington, Delaware, with his wife on Friday. (Kevin Dietsch/Getty Images)

The decision is expected to be announced Monday around 8:15 a.m. ET when court resumes.

If Biden were to testify next week, direct testimony and cross-examination could take most of the day, if not the entire day.

The prosecution suggested that if Biden testified, then they could call a witness in rebuttal. In that case, closing arguments and jury instructions would likely not be given until Tuesday.

However, if Lowell tells Judge Maryellen Noreika that Biden will not testify on Monday, things will likely move more quickly. If Biden does not testify, closing statements would likely begin Monday when court resumes, followed by jury instructions. In this case, the jury could begin its deliberations as early as Monday after lunch.

Biden pleaded not guilty in the case. He also pleaded not guilty to tax-related charges in California federal court, also brought by Weiss.


Father Lowell arrives in federal court

Attorney Abbe Lowell arrives in federal court Wednesday during Hunter Biden's trial. (Reuters/Kevin Lamarqu)

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

Lowell's decision to put Biden on the stand to testify follows an emotional Friday morning in court, where Biden's eldest daughter, Naomi Biden, testified about her father's struggles with addiction.

Naomi testified under cross-examination that she knew her father had “struggled with addiction” in the past and noted that she “never saw him use” drugs.

Biden's defense team does not deny the first son's addiction issues, which are well documented in his memoir, “Beautiful Things.” Rather, they argue that at the time of purchasing the gun on October 12, 2018, Biden did not consider himself a user of illegal substances.

An evidence photo shows the gun Hunter Biden purchased.

An evidentiary photo presented by the prosecution shows the gun Hunter Biden purchased. (US Government Exhibit)


Others close to Biden also testified this week, including Kathleen Buhle, Biden's ex-wife and Naomi's mother; Hallie Biden, Biden's sister-in-law turned girlfriend; and Zoe Kestan, Biden's ex-girlfriend and former stripper.

Emma Colton, Jake Gibson and David Spunt of Fox News contributed to this report.


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