证词在亨特·拜登的枪支审判从周二开始,陪审员们第一次听到总统的儿子用自己的声音描述了他与“不间断的”毒瘾斗争的岁月。
年轻的拜登面临三项指控,即在2018年使用毒品购买枪支的联邦表格上撒谎,两党的律师周二确定了陪审员面临的核心问题:他是否“故意”撒谎。
多名拜登家庭成员连续第二天出席了会议,包括第一夫人吉尔·拜登和总统乔·拜登的女儿艾什莉·拜登。在接下来的几天里,其他几个拜登夫妇预计将出庭作证,包括亨特·拜登的前妻、他哥哥的遗孀、他的叔叔,甚至可能是他的女儿。
美国东部时间周三上午9点继续作证。
以下是会议第二天的四大收获。
表壳轮廓成形
政府检察官和辩护律师在周二早上的开庭陈述中就亨特·拜登是否故意在联邦枪支表格上撒谎进行了辩论,这一行为支撑了他现在面临的三项重罪指控。
检察官德里克·海因斯告诉陪审员,在权衡总统儿子的案子时,他们不应该“对亨特·拜登或其他任何人有所区别”。拜登正在接受审判,“因为他选择在ATF表格4473上撒谎”,关于他的药物使用。
“任何人都不允许在联邦表格上撒谎,”海因斯说。“甚至亨特·拜登也没有。”
拜登的律师阿贝·洛威尔(Abbe Lowell)反驳了亨特·拜登“故意”撒谎的前提,而是暗示他的当事人误解了表格,当时并没有积极滥用药物。
“他没有故意违反这些法律,”洛厄尔说,因为“表格上没有关于用户定义的任何内容。”
洛厄尔告诉陪审团,亨特·拜登在购买枪支时正在饮酒,但他的吸毒行为“直到后来才开始。”2018年亨特·拜登在特拉华州购买枪支期间,他的行为与他吸毒时的表现“完全不一致”。
“他与他的父亲、叔叔和女儿们交谈过,”洛厄尔说,暗示他们会注意到他是否“每15分钟吸食一次快克”,就像亨特·拜登在回忆录《美好的事物》中描述的那样
“没有高功能快克瘾君子这种东西,”洛厄尔告诉陪审员。
亨特·拜登听到的是他自己的话
亨特·拜登可能永远不会站在证人席上为自己辩护——但这并不妨碍陪审员听到他的声音。
检察官在法庭上通过扬声器播放了亨特·拜登回忆录有声读物中的部分内容——亨特·拜登本人也讲述了这些内容——陪审员们可以听到。他的话生动详细地描述了他在2018年初作为快克瘾君子“无休止的放荡”,就在他购买柯尔特眼镜蛇枪支的几个月前。
在音频摘录中,亨特·拜登描述了2017年的一次“充满快克的越野漫游”,并讲述了他对快克的滥用如何上升到“每小时、每天”都在使用的程度
不仅仅是陪审员听到了亨特·拜登痛苦的回忆。他的家人——妻子、继母和同父异母的妹妹——也在旁听席上聆听。第一夫人吉尔·拜登和她的女儿艾什莉·拜登当天大部分时间都肩并肩坐在一起,经常把头靠在一起。
有一次,当亨特·拜登回忆起在洛杉矶度过的特别放荡的12天时,第一夫人举起了她的左臂,搭在女儿的肩膀上。
检察官还将几条短信作为证据,其中包括亨特·拜登在他们的浪漫关系破裂时发给他兄弟的遗孀哈里·拜登的一条短信。
“我是个骗子和小偷,是个指责者和使用者,我有妄想症,是个瘾君子,不像你所知道的所有瘾君子,我毁了我珍惜的每一段感情,”他写道。
臭名昭著的笔记本电脑成为证据
检察官提出了证据臭名昭著的笔记本电脑这在2020年总统大选前出现在新闻中,据称亨特·拜登将它留给了特拉华州威尔明顿的一名计算机修理工。
亨特·拜登的律师此前曾试图排除将这台笔记本电脑作为庭审证据的可能性,称他们“有大量理由相信,在调查人员获得电子材料之前,数据已经被篡改和泄露。”但特别顾问魏红星在法庭文件中辩称,亨特·拜登的律师没有“提供任何证据或信息表明他的笔记本电脑包含虚假信息”,法官同意将其作为证据。
考虑到这一点,检察官说他们交叉参考了他们发现的苹果公司的每封电子邮件、WhatsApp消息、iMessage和短信,以建立数据的可信度。
“最终,在检查那台笔记本电脑时,调查人员能够确认那是亨特·拜登的笔记本电脑吗?“海因斯询问美国联邦调查局证人艾丽卡·詹森。
“是的,”她回答。
詹森解释说,调查人员在笔记本电脑上发现了一个序列号,“该序列号与特定日期该特定设备的苹果传票记录……与iCloud账户相匹配。”
检察官还向陪审员出示了一张85美元的发票,发票来自威尔明顿电脑维修店,亨特·拜登将笔记本电脑放在那里进行维修。发票被发送到一个属于亨特·拜登的电子邮件地址。
拜登家族成员接下来可能会表态
周三詹森继续盘问时,审判将继续进行。洛厄尔说,在把她交还给政府之前,他至少还有一个话题要谈。
在詹森之后,检察官暗示亨特·拜登兄弟博·拜登的遗孀哈里·拜登将在下一个出庭作证,接下来是亨特·拜登的前妻凯瑟琳·布勒。
洛威尔周二还表示,总统的兄弟詹姆斯·拜登将为辩护作证——他的亨特·拜登的一个女儿也可能出庭。
4 big takeaways from 1st day of testimony in Hunter Biden's gun trial
Testimony in thegun trial of Hunter Bidenbegan Tuesday as jurors for the first time heard the president's son describe in his own voice the years he spent battling "nonstop" drug addiction.
The younger Biden faces three counts of lying on a federal form about his drug use to procure a firearm in 2018, and attorneys for the two parties on Tuesday established the central question confronting jurors: whether he "knowingly" lied.
Multiple Biden family members attended the proceedings for a second day in a row, including first lady Jill Biden and PresidentJoe Biden'sdaughter, Ashley Biden. In the coming days, several other Bidens are expected to take the witness stand, including Hunter Biden's ex-wife, his brother's widow, his uncle, and perhaps even his daughter.
Testimony resumes Wednesday at 9:00 a.m. ET.
Here are four big takeaways from Day 2 of the proceedings.
Contours of the case take shape
Government prosecutors and defense counsel sparred in opening statements Tuesday morning about whether Hunter Biden knowingly lied on a federal gun form -- the act underpinning the three felony counts he now faces.
Prosecutor Derek Hines told jurors they should make "no distinction for Hunter Biden or anybody else" as they weigh the case against the president's son. Biden is on trial "because he chose to lie" on the ATF Form 4473 about his drug use.
"No one is allowed to lie on a federal form like that," Hines said. "Not even Hunter Biden."
Abbe Lowell, an attorney for Biden, rebutted the premise that Hunter Biden "knowingly" lied, suggesting instead that his client misunderstood the form and was not actively abusing drugs at the time.
"He did not knowingly violate these laws," Lowell said, since there was "nothing on the form about the definition of a user."
Lowell told the jury that Hunter Biden was using alcohol at the time of the gun purchase, but that his drug use "did not start until later." During the time in 2018 that Hunter Biden was in Delaware, where he purchased the gun, his behavior was "totally inconsistent" with how he presented when he was on drugs.
"He spoke with his father, his uncle, his daughters," Lowell said, suggesting they would have noticed if he was "smoking crack every 15 minutes," in the manner that Hunter Biden described in his memoir, "Beautiful Things."
"There is no such thing as a high functioning crack addict," Lowell told jurors.
Hunter Biden is heard in his own words
Hunter Biden may never take the witness stand in his own defense -- but that did not prevent jurors from hearing his voice.
Prosecutors played excerpts from the audiobook of Hunter Biden's memoir -- which Hunter Biden himself narrated -- over booming loudspeakers in the courtroom for jurors to hear. His words depicted in vivid detail his "nonstop debauchery" as a crack addict in early 2018, just months before he purchased the Colt Cobra firearm.
Hunter Biden, in the audio excerpts, described a "crack-filled cross-country odyssey" in 2017 and recounted how his abuse of crack ramped up to the point where he was using it "every hour, every day."
It wasn't just jurors who heard Hunter Biden's painful memories. His family -- wife, stepmother, and half-sister -- also listened from their seats in the gallery. First lady Jill Biden and her daughter Ashley Biden sat shoulder-to-shoulder for much of the day, often leaning their heads against one another.
At one point, as Hunter Biden recalled a particularly debaucherous 12-day "roll" in Los Angeles, the first lady lifted her left arm and draped it around her daughter's shoulders.
Prosecutors also introduced several text messages into evidence, including one Hunter Biden sent to his brother's widow, Hallie Biden, as their romantic relationship was falling apart.
"I'm liar and a thief, and a blamer and a user, and I'm delusional and an addict, unlike the beyond and above all addicts that you know, and I've ruined every relationship that I've ever cherished," he wrote.
Infamous laptop introduced into evidence
Prosecutors introduced into evidence theinfamous laptopthat emerged in the news ahead of the 2020 presidential election, after Hunter Biden allegedly left it with a Wilmington, Delaware, computer repairman.
Attorneys for Hunter Biden had previously attempted to preclude the laptop as evidence in the trial, arguing that they have "numerous reasons to believe the data had been altered and compromised before investigators obtained the electronic material." But special counsel David Weiss argued in court filings that attorneys for Hunter Biden had not "provided any evidence or information that shows that his laptop contains false information," and the judge agreed to admit it as evidence.
With that in context mind, prosecutors said they cross-referenced every email, WhatsApp message, iMessage, and text message they found with Apple Inc. to establish the credibility of the data.
"Ultimately, in examining that laptop, were investigators able to confirm that it was Hunter Biden's laptop?" Hines asked FBI witness Erika Jensen.
"Yes," she replied.
Jensen explained that investigators identified a serial number on the laptop that "matches the Apple subpoena records … of this particular device to the iCloud account at a particular date."
Prosecutors also showed jurors an invoice for $85 from the Wilmington computer repair shop where Hunter Biden dropped off the laptop for repair, which had been sent to an email address belonging to Hunter Biden.
Biden family members could take stand next
The trial will resume Wednesday when Jensen continues her cross-examination. Lowell said he had at least one additional topic to cover before turning her back over to the government.
After Jensen, prosecutors suggested that Hallie Biden, the widow of Hunter Biden's brother Beau Biden, would take the stand next, followed by Hunter Biden's ex-wife Kathleen Buhle.
Lowell on Tuesday also said that James Biden, the president's brother, would take the stand for the defense -- as might one of his Hunter Biden's daughters.