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      Hunter Biden Is Expected to Appeal Conviction on Gun Charges

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      Lawyers for Mr. Biden are considering a number of challenges to the guilty verdict, including one based on the Second Amendment.Hunter Biden is expected to appeal his felony conviction for falsifying a federal firearms application, likely arguing that the judge in the case violated his constitutional rights in her instructions to the jury, according to people in his orbit and legal experts.Mr. Biden’s lawyer Abbe Lowell has also signaled that any appeal would be based on the Supreme Court’s landmark decision in 2022 that vastly expanded gun rights, a ruling that spawned legal challenges to the part of the federal firearms form at the center of the Biden case. In Mr. Biden’s case, it included a question asking buyers about their drug use.Any appeal would be an uphill climb, and the lawyers representing President Biden’s son cannot officially file one until he is sentenced at the courthouse in Wilmington, Del., within 120 days, or about a month after he is scheduled to go on trial on federal tax charges in Los Angeles.There is still a possibility that David C. Weiss, the special counsel in the case, will seek a plea agreement before the tax trial begins, and would have leverage in negotiations now that Mr. Biden is already a convicted felon, according to former prosecutors. Mr. Biden might have greater incentive to reach a deal to avoid another public airing of his personal ordeal beyond what was presented in Wilmington last week.On Tuesday, after deliberating for a little more than three hours, a jury convicted Mr. Biden of three felony counts related to lying on a federal firearms application and illegally possessing a weapon.Mr. Lowell suggested that he might appeal, vowing to “vigorously pursue all the legal challenges available to Hunter.” President Biden said in a statement that he would “accept the outcome of this case and will continue to respect the judicial process as Hunter considers an appeal.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      in US Politics

      Hunter Biden gun trial: key takeaways from the first week

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      Federal prosecutors rested their case against Hunter Biden on Friday morning after days of testimony that revealed deeply personal and grim details about his struggles with drug addiction.Hunter Biden, the only surviving son of Joe Biden, faces three felony charges tied to a 2018 firearm purchase while using narcotics. He is accused of making false statements on a gun-purchase form when he said he was not illegally using or addicted to drugs, and then unlawfully possessing the gun for 11 days.Hunter Biden has pleaded not guilty. If convicted, he could face up to 25 years in prison, though such a sentence would be highly unusual given that he would be a first-time offender. It is unclear whether the presiding judge, Maryellen Noreika, would give him time behind bars. Hunter Biden also faces a separate federal trial in California on charges of failing to pay $1.4m in taxes.Here are some key takeaways from the trial’s first week’s proceedings:1. Jury selection centered on the toll of the US drug epidemicA jury of 12 – six men and six women– and four alternates was seated from a pool of more than 60 people on Monday. Potential jurors were quizzed individually by Noreika about their knowledge of the case and views on gun ownership to determine whether they could be fair and impartial.Among the questions asked of potential jurors was whether they, or anyone close to them, had struggled with substance abuse or addiction. Many said they did, as stories of loved ones’ battles with addiction unravelled over the course of the day. One said they had a childhood best friend who died from a heroin overdose, one had a daughter who was a recovering addict, and another had a brother addicted to PCP and heroin.Drug addiction plays a central role in the case, as prosecutors have delved into Hunter Biden’s battle with drug use after the death of his older brother, Beau Biden, as they seek to prove that he knowingly lied on a form to buy a Colt Cobra revolver at a Wilmington gun store in October 2018.Hunter Biden has been open about his battle with crack cocaine, and the defense is hoping that the jury will see in him a familiar and sympathetic story reflected in their own lives. A study published this month found that one in three Americans know someone who has died of a drug overdose; nearly 20% said the person they knew who died was a family member or close friend.2. Prosecutors used Hunter Biden’s memoir against himThe jury heard long excerpts from the audiobook of Hunter Biden’s 2021 memoir, Beautiful Things, narrated by the president’s son himself, detailing his descent into drug addiction leading up to and after the gun purchase.Hunter Biden and his family listened for more than an hour on Tuesday as a lead prosecutor for the special counsel, Derek Hines, played extracts from the memoir detailing how crack cocaine plunged the president’s son into the “darkest recesses of your soul”, including a story of how he tried to buy drugs from a homeless woman in Franklin Park in Washington DC.Prosecutors pointed to how Hunter Biden detailed his four-year addiction to crack cocaine that would cover the time period when he bought the firearm to argue that he was a high-functioning drug addict who lied to friends and family and ultimately broke the law. “Addiction may not be a choice, but lying and buying a gun is a choice,” Hines said. “Nobody is above the law.”Hunter Biden’s lawyer, Abbe Lowell, argued that his client did not “knowingly” lie when filling out forms to buy a weapon. Pointing to a two-week rehab visit in August 2018, Lowell suggested that Hunter Biden was not using drugs at the time he bought the gun.3. Witnesses called to the stand included Hunter Biden’s exes and daughterProsecutors said part of their case would come from the testimony of several women from Hunter Biden’s past, including his ex-wife, Kathleen Buhle, and two girlfriends, Zoe Kestan and Hallie Biden, who is also the widow of Hunter Biden’s brother Beau.Buhle was married to Hunter Biden for nearly 25 years and shares three daughters with him. Buhle testified about her ex-husband’s long battle with addiction, and how his drug use and infidelity fueled the collapse of their marriage.Kestan, who was involved with Hunter Biden around 2017-2018, told jurors about his near-constant crack cocaine use at lavish hotels. “He would want to smoke as soon as he woke up,” she testified, and described meetings with a “scary” drug dealer and hunting for instructions on the internet to cook powder cocaine into crack.Hunter Biden’s daughter, Naomi Biden, gave emotional testimony on Friday as the defense’s witness, telling jurors that she was “proud” to see her father in rehab in 2018. As she left the stand, she stopped to give her father an embrace and was seen wiping her eyes.4. Widow of Beau Biden testified about finding gun in Hunter Biden’s truckThe prosecution’s most important witness, Hunter Biden’s sister-in-law turned girlfriend, Hallie Biden, took to the stand on Thursday. The pair had a brief romantic relationship after Beau Biden, Hallie Biden’s husband and Hunter Biden’s brother, died of brain cancer in May 2015.Hallie Biden is a central part of the prosecution case because she discovered the gun that Hunter Biden had bought and threw it out. The purchase of the Colt revolver by Hunter Biden – and Hallie Biden’s disposal of it – are the fulcrum of the case against him.Hallie Biden told jurors that she “panicked” when she discovered the gun and ammunition in his truck, and described how she put it into a leather pouch, stuffed it into a shopping bag and tossed it into a trash can outside a market near her home. “I didn’t want him to hurt himself, and I didn’t want my kids to find it and hurt themselves,” she said.Early in her testimony, Hallie Biden testified to using drugs, saying that Hunter Biden introduced her to crack cocaine in 2018. She testified she stopped using drugs in August 2018, but that Hunter Biden continued smoking crack cocaine. “It was a terrible experience that I went through, and I’m embarrassed and ashamed, and I regret that period of my life,” she said.5. Biden family turned out for trialHunter Biden’s family and close friends have attended the trial en masse to show their support, even as their father’s presidential campaign and the White House strive to distance themselves out of fear of handing political grist to Republicans searching for a distracting issue in the wake of Donald Trump’s 34-count conviction last week.The first lady, Jill Biden, was seated in the Delaware courtroom behind her stepson for the first three days of the trial until leaving late on Wednesday to attend a D-day commemoration ceremony in France. Joe Biden’s sister, Valerie Biden Owens, flew in from the west coast to take the first lady’s seat in court on Thursday, next to Hunter Biden’s wife, Melissa Cohen-Biden. Hunter Biden’s sister, Ashley Biden, has appeared in court as have several of his close friends.In contrast, several members of the Trump family steered clear of the New York courthouse during the former president’s hush-money trial. Most notably, Trump’s wife, Melania Trump, and daughter, Ivanka Trump, were conspicuously absent.Joe Biden, who is in France this week for the 80th anniversary of the D-day landings, has indicated he will not pardon his son if he is convicted at his federal gun trial. “Jill and I love our son, and we are so proud of the man he is today. Hunter’s resilience in the face of adversity and the strength he has brought to his recovery are inspiring to us,” Biden said in a statement on Monday. More

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      in US Politics

      Widow of Beau Biden testifies about finding gun in Hunter Biden’s truck

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      The widow of Hunter Biden’s brother told jurors in his federal gun trial about the moment she found the gun in his truck, describing how she put it into a leather pouch, stuffed it into a shopping bag and tossed it into a trash can outside a market near her home.“I panicked, and I wanted to get rid of them,” she testified about finding the gun and ammunition in the vehicle’s console in October 2018. “I didn’t want him to hurt himself, and I didn’t want my kids to find it and hurt themselves.”The purchase of the Colt revolver by Hunter Biden – and Hallie Biden’s disposal of it – are the fulcrum of the case against him. Federal prosecutors say the president’s son was in the throes of a drug addiction when he bought the gun. He has been charged with three felonies: lying to a federally licensed gun dealer, making a false claim on the application by saying he was not a drug user, and illegally having the gun for 11 days.Hunter Biden, who has pleaded not guilty, has said the justice department is bending to political pressure from Republicans.Hallie Biden, who had a brief romantic relationship with Hunter after Beau Biden died in 2015, testified that from the time Hunter returned to Delaware from a 2018 trip to California until she threw his gun away, she did not see him using drugs. That time period included the day he bought the weapon.Much of her testimony focused on 23 October 2018 – 11 days after he bought the gun and when she threw it away. Hunter was staying with her and seemed exhausted, she said. Asked by the prosecutor if it appeared that Hunter was using drugs around then, she said: “He could have been.”As Hunter slept in her home, Hallie Biden went to check his car. She said she was hoping to help him get or stay sober, free of both alcohol and cocaine. She said she found the remnants of crack cocaine and drug paraphernalia. She also found the gun Hunter purchased in a box with a broken lock that kept it from fully closing. There was ammunition too, she said.Hallie said she considered hiding the gun but thought her kids might find it, so she decided to throw it away.“I realize it was a stupid idea now, but I was panicking,” she said.Hunter Biden watched expressionless from the courtroom during her testimony. She told jurors that she found crack cocaine at her home and saw him using it. She was with him occasionally when he saw drug dealers. Prosecutor Leo Wise asked Hallie about her own 2018 trip to California, where she visited Hunter at the Roosevelt Hotel in Los Angeles, and asked her whether she was also using drugs.“Yes, I was,” she said.“And who introduced you to it?’”“Hunter did,” Hallie said as Hunter rested his face on his hand and looked down.“It was a terrible experience that I went through, and I’m embarrassed and ashamed, and I regret that period of my life,” she said.Hallie testified she stopped using drugs in August 2018, but that Hunter continued smoking crack cocaine.Much of the prosecution’s case has been dedicated to highlighting the seriousness of his drug addiction and showcasing to jurors moments with ex-girlfriends, infidelity and crack pipes – judgment lapses they believe prove he was actively using when he checked “no” on the form. Prosecutors say the evidence is necessary to show his state of mind when he bought the gun.Surveillance footage played for jurors showed Hallie digging around in the trash can for the gun. It was not there. She asked store officials if someone had taken out the trash.Hallie said Hunter told her to file a police report because the gun was registered in his name. She called the police while she was still at the store.Jurors have also heard from the gun store clerk, who testified about how he walked Hunter Biden through a few options before he settled on the $900 gun. The clerk then watched as the customer filled out the firearms transaction record, a required document for the purchase of a gun, and saw him check off “no” to the question of whether he was “an unlawful user of or addicted to” marijuana, stimulants, narcotics or any other controlled substance.“Everything he bought, he ultimately decided on,” Gordon Cleveland, the clerk, told jurors.Cleveland said he saw Biden sign the form, which includes a warning about the consequences of submitting false information.In his cross-examination Thursday, defense attorney Abbe Lowell pointed out that some of the questions on the form are in the present tense, such as “are you an unlawful user of or addicted to” drugs. He has suggested Hunter Biden did not believe he had an active drug problem.The proceedings are unfolding after the collapse of a plea deal that would have resolved the gun charge and a separate tax case, and spared the Biden family the spectacle of a trial so close to the 2024 election.If convicted, Hunter Biden faces up to 25 years in prison, though first-time offenders do not get anywhere near the maximum, and it is unclear whether the judge would give him time behind bars. More

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      in US Politics

      Biden was silenced by criticism from families of troops killed in Kabul, book says. ‘Sir, are you still there?’

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      Joe Biden was stunned into silence when he was told families of US service members killed in Kabul in August 2021 said that when the bodies were returned and the president met grieving relatives, he spent too much time talking about the death of his own son, Beau.“I paused for the president to respond,” Jen Psaki, then White House press secretary, writes in a new book.“The silence that followed was a bit too long. I worried for a moment that our connection had been lost.“‘Sir, are you still there?’ I asked.”Psaki left the White House in 2022, joining MSNBC. Her book, Say More: Lessons from Work, the White House and the World, will be published in the US next week. The Guardian obtained a copy.Biden ordered the US withdrawal from Afghanistan, after nearly 20 years of war, in April 2021. On 26 August, amid chaos in Kabul, 13 US service members and 170 Afghans were killed when a suicide bomber attacked an airport gate.On 29 August, the bodies of the Americans arrived at Dover air force base in Delaware, Biden’s home state. The president and the first lady, Jill Biden, attended.“Of all the president’s duties,” Psaki writes, “this is high on the list of most heartbreaking. For President Biden in particular, it stirred feelings of his own despair about the death of his son Joseph Biden III, aka Beau.”Beau Biden, a former attorney general of Delaware, went to Iraq with the national guard. He died of brain cancer in 2015, aged just 46.Biden has questioned whether “burn pits” at US bases in Iraq might have caused his son’s cancer, championing legislation to help affected veterans. In her book, Psaki cites World Health Organization research which says burn pit emissions contain substances “known to be carcinogenic to humans”.Psaki also notes how Biden endured the deaths in 1972 of his first wife, Neilia Biden, and their one-year-old daughter, Naomi, in a car crash in which Beau and his brother Hunter were critically injured. The president “often refers to these unique and disparate, but nevertheless unbearable, experiences of grief and loss as a way to connect with others”, Psaki writes.But Biden’s visit with the grieving families at Dover stirred up significant controversy, and political attacks.Psaki describes and dismisses as “misinformation” the claim, boosted by rightwing media, that Biden looked at his watch as the transfer of the bodies went on. Citing media fact checks, the former press secretary says footage shows Biden did so only after the remains had left the airport tarmac.Complaints that Biden spoke too much about his own son were tougher to deal with, Psaki writes, particularly when the New York Times “pounced” on the story.As it was part of her job to warn Biden about “unflattering” and “negative” stories, Psaki called him, though this instance was tougher than usual because “Beau was rarely, if ever, the focus of a negative story”.“It was one thing to tell the president the media was planning to criticise his Covid response,” Psaki writes, “and quite another to say the media was planning to criticise the way he speaks about his son, who passed away tragically young.”Still, she writes, Jill Biden had previously told her: “We’ve been through a lot. And we ask that you always be honest with us. Always tell us what’s coming.”Psaki called Biden and warned him about the Times story, which would say he “referenced Beau’s death repeatedly while meeting with families of the soldiers who were killed in Afghanistan last week” and “quote a number of family members making critical comments”.skip past newsletter promotionafter newsletter promotionWhen the president finally answered her, Psaki says, he did so “in a softer voice than usual.“I thought I was helping them. Hearing about how other people went through loss always helps me,” Biden said.Psaki says Biden paused again, then said: “Thanks for telling me. Anything else?”The Times story duly appeared – as did others like it.One bereaved father, Mark Schmitz, told the Times he showed the president a picture of his son, L/Cpl Jared Schmitz, who was 20, and said: “Don’t forget his name.”“But Mr Schmitz was confused by what happened next,” the Times wrote. “The president turned the conversation to his oldest son, Beau, who died of brain cancer in 2015 … for Mr Schmitz, another father consumed by his grief, it was ‘too much’ to bear.”“I respect anybody that lost somebody,” Schmitz said, “but it wasn’t an appropriate time.”Psaki also describes how she herself dealt with the controversy.In the White House briefing room, she told reporters: “While [Biden’s] son did not lose his life directly in combat as [those killed in Kabul did] – or directly at the hands of a terrorist, as these families did … he knows firsthand there’s nothing you can say, nothing you can convey, to ease the pain and to ease what these families are going through.”Psaki also said Biden was “deeply impacted by these family members who he met … talk[ing] about them frequently in meetings and [the] incredible service and sacrifice of their sons and daughters. That is not going to change their suffering, but I wanted to convey that still.” More

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      in US Politics

      Judge rejects defense efforts to dismiss Hunter Biden’s federal gun case

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      A federal judge in Delaware refused on Friday to throw out a federal gun case against Hunter Biden, rejecting the president’s son’s claim that he is being prosecuted for political purposes as well as other arguments.The US district judge Maryellen Noreika denied defense efforts to scuttle the prosecution charging Hunter Biden with lying about his drug use in October 2018 on a form to buy a gun that he kept for about 11 days.Hunter Biden’s lawyers had argued the case was politically motivated and asserted that an immunity provision from an original plea deal that fell apart still held. They had also challenged the appointment of the special counsel David Weiss, the US attorney in Delaware, to lead the prosecution.Noreika, who was appointed to the bench by Donald Trump, has not yet ruled on a challenge to the constitutionality of the gun charges.Hunter Biden faces separate tax counts in Los Angeles alleging he failed to pay at least $1.4m in taxes over three years while living an “extravagant lifestyle”, during his days of using drugs. The judge overseeing that case refused to dismiss the charges this month.Biden has pleaded not guilty in both cases. A representative for his legal team didn’t immediately respond to a request for comment on Friday.The president’s son has acknowledged struggling with an addiction to crack cocaine during that period in 2018, but his lawyers have said he didn’t break the law and another nonviolent, first-time offender would not have been charged.The defense attorney Abbe Lowell had argued Hunter Biden was “selectively charged” for improper political purposes. He argued that Weiss “buckled under political pressure” to indict the president’s son amid criticism of the plea deal from Trump and other Republicans.Noreika said in her ruling that Biden’s team had provided “nothing concrete” to support a conclusion that anyone actually influenced the special counsel’s team.“The pressure campaign from congressional Republicans may have occurred around the time that special counsel decided to move forward with indictment instead of pretrial diversion, but the court has been given nothing credible to suggest that the conduct of those lawmakers (or anyone else) had any impact on special counsel,” the judge wrote. “It is all speculation.” More

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      in Elections

      El informe del fiscal especial exculpa a Biden pero es un desastre político

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      Una investigación concluyó que el mandatario era “bienintencionado” pero tenía “mala memoria”. El presidente salió a ofrecer declaraciones en un intento por realizar control de daños políticos.La decisión del jueves de no presentar cargos penales contra el presidente Joe Biden por mal manejo de documentos clasificados debió haber sido una exoneración legal inequívoca.En su lugar, fue un desastre político.La investigación, sobre el manejo de los documentos por parte de Biden después de ser vicepresidente, concluyó que era un “hombre bienintencionado de avanzada edad con una mala memoria” y que tenía “facultades disminuidas en la edad avanzada”, afirmaciones tan sorprendentes que pocas horas después motivaron un enérgico y emotivo intento de control de daños políticos por parte del presidente.The president defended his ability to serve when questioned by reporters on his memory and age during a news conference, hours after a special counsel cleared him of criminal charges in the handling of classified documents.Pete Marovich for The New York TimesLa noche del jueves, hablando a las cámaras desde la Sala de Recepciones Diplomáticas de la Casa Blanca, Biden arremetió contra el informe de Robert K. Hur, el fiscal especial, acusando a los autores del informe de “comentarios irrelevantes” sobre su edad y capacidad mental.“No saben de lo que están hablando”, dijo rotundamente el presidente.Biden pareció objetar especialmente la afirmación incluida en el informe de que durante las entrevistas con los investigadores del FBI no pudo recordar en qué año murió su hijo Beau.“¿Cómo diablos se atreve a mencionar eso?”, dijo el presidente, mientras parecía contener las lágrimas. “Cada Día de los caídos hacemos un servicio para recordarlo al que asisten amigos y familiares y la gente que lo amaba. No necesito a nadie, no necesito a nadie que me recuerde cuándo falleció”.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      in Elections

      What Elon Musk Could Lose After His Tesla Pay Deal Is Blocked

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      A Delaware court ruling on his $50 billion compensation plan at Tesla raises questions about corporate governance and more.Elon Musk may be forced to give up a grant of Tesla shares worth over $50 billion.Amir Hamja/The New York TimesThe big stakes of Musk’s outsize pay dealAn unusual pay package that Tesla devised in 2018 helped make Elon Musk the world’s wealthiest individual.But a Delaware judge’s ruling that the arrangement was unfair to other Tesla shareholders raises questions about much more than Musk’s net worth, including control of his companies and his ability to fund them — and how corporate leaders are paid.The backstory: In 2018, Tesla set out 12 milestones tied to market capitalization, revenue and profit targets that Musk needed to reach to qualify for a stock package that is now worth over $50 billion. Experts thought it would be impossible to hit. Yet Musk — who told Andrew at the time that Tesla would hit a $1 trillion market cap within a decade — pulled it off. (He hasn’t taken possession of the shares yet.)Shareholders sued, however, arguing that the plan was devised unfairly, with Musk essentially creating his own pay package with the help of allies on the Tesla board.Those shares are now at risk of disappearing. “The process leading to the approval of Musk’s compensation plan was deeply flawed,” Chancellor Kathaleen McCormick of Delaware’s Court of Chancery (who has been blunt in hearings with Musk before) wrote in her decision, ordering that the contract be voided.There’s a lot at stake:Questions about the Tesla board’s independence are being asked as the car maker’s directors weigh a demand by Musk for more control of the company, lest he start moving highly anticipated A.I. projects to other parts of his business empire.Musk has taken out stock margin loans to finance parts of his business empire. He may find it harder to come up with cash if X needs more money, for example.And corporate governance experts say the ruling is a warning to other business leaders. “It establishes that there is such a thing as excessive compensation,” Sarah Anderson of the Institute for Policy Studies, a progressive research group, told The Times.Some legal experts think any Musk appeal faces tough odds. He will probably appeal to the Delaware Supreme Court, they say. But Eric Talley, a professor at Columbia Law School, told DealBook that chancellors like McCormick historically have wide latitude to rule on such punishments.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More