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Rulings on evidence made by judge in Hunter Biden’s gun case

Ponca Post Team by Ponca Post Team
May 30, 2024
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During a decisive hearing prior to Hunter Biden’s upcoming trial in Delaware on gun charges, a judge issued important rulings that will impact the evidence presented to the jury during the proceedings, which are scheduled to commence on June 3. As a result, certain contents from a laptop left by Biden at a Delaware repair shop, along with evidence related to his drug use, will now be admissible in court.

Hunter Biden’s attorneys have argued that some of the material on the laptop is not authentic. However, prosecutors pushed back on Thursday, stating that they haven’t presented any evidence of that to the court. In 2019, a computer repair shop owner provided the FBI with a laptop that he claimed had been left by Hunter Biden. He also gave a copy of the laptop data to former Trump lawyer Rudy Giuliani. Last September, Hunter Biden filed a lawsuit against Giuliani, accusing him of hacking data from his laptop. Giuliani has publicly displayed the laptop, but when the lawsuit was filed, his spokesperson denied any manipulation of the drive. The resolution of the lawsuit is still pending.

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During the pre-trial conference, U.S. District Judge Maryellen Noreika granted some victories to both sides. She allowed Hunter Biden’s attorneys to raise certain concerns regarding the laptop evidence during the trial. However, she ruled in favor of the prosecutors regarding the requirement to prove Hunter Biden’s drug use at the time of purchasing a gun in 2018. According to Judge Noreika, the prosecution must demonstrate that he was using or addicted to drugs around the time of the purchase. The defense argued that the prosecution should be required to prove that Hunter Biden was using drugs on the exact day he bought the gun in question.

Special counsel David Weiss accuses Hunter Biden of illegally acquiring and possessing a Colt Cobra 388PL revolver for 11 days. Moreover, he allegedly provided false information on a gun purchase form by denying any use of illegal drugs. Hunter Biden, the son of President Biden, has entered a plea of not guilty to these charges, which were filed in Delaware.

The judge also made rulings in favor of Hunter Biden on certain matters, stating that prosecutors cannot bring up his tax case in California, his child support case in Arkansas, or his discharge from the Navy. Furthermore, they are not allowed to mention his “extravagant lifestyle,” but they are permitted to discuss how he financed his drug purchases.

The trial is scheduled to commence on June 3rd, following the rejection of Hunter Biden’s attempt to dismiss the charges by a federal appeals court. Hunter Biden had contended that the charges were “unprecedented” and “unconstitutional,” asserting that they violated a diversion agreement previously reached with federal prosecutors. However, the diversion agreement fell through in July after a judge declined to approve it.

During Friday’s hearing, tensions rose as the defense raised concerns about the alleged discrepancy on the form that Hunter Biden supposedly signed when purchasing the gun. The defense pointed out that the form attests that Hunter Biden was not under the influence or addicted to drugs at the time of purchase.

According to Abbe Lowell, the attorney representing Hunter Biden, additional information was included in the digital version of the form that was submitted to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) once the criminal investigation had commenced. This digital version disclosed that Hunter Biden had provided his passport and Delaware vehicle registration as forms of identification, which were not originally indicated on the form he had personally signed.

Lowell expressed doubts about the credibility of the gun store employee and owner, suggesting that they may not have accurately completed the form and could now have a motive to collaborate with the government to avoid consequences for manipulating the document. According to Lowell, the form was “tampered with,” and he plans to investigate further by questioning the individuals involved to ascertain what exactly transpired.

The prosecution contended that the difference was insignificant and did not bear any relevance.

“The moment he signed that certification, prosecutor Derek Hines asserted that the crime had been fully committed.”

The prosecution anticipates that around 12 witnesses will provide testimony, while the defense plans to call a few witnesses, including some experts. It is estimated that the trial will span approximately two weeks.

During Friday’s hearing, there were unresolved matters brought up, specifically concerning Hunter Biden’s potential testimony. The judge stated that she would need to assess the development of the case before making a decision. Hunter Biden’s defense attorneys kept the option open for him to testify in his own defense.

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