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Hunter Biden’s attorneys consider putting him on the stand in gun trial; decision to be made over weekend

Hunter Biden defense attorney Abbe Lowell on Friday said he will decide over the weekend whether he will call Biden to the stand next week.

Attorneys for Hunter Biden, who faces three felony charges related to the purchase of a revolver in 2018, left open the possibility he might testify in his criminal trial next week as court concluded Friday.

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

Biden is facing charges of making a false statement in the purchase of a gun, making a false statement related to information required to be kept by a federally licensed gun dealer and possession of a gun by a person who is an unlawful user of or addicted to a controlled substance.


Lowell’s decision on whether to put Biden on the stand will come over the weekend, and he said he would notify the office of Special Counsel David Weiss when he reaches that decision.

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

Should Biden testify next week, direct testimony and cross-examination could take up most of the day, possibly even the full day.

The prosecution has suggested that if Biden testifies, then they may call a rebuttal witness. In that case, the earliest that closing arguments and jury instructions would likely be given is Tuesday.

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However, if Lowell tells Judge Maryellen Noreika that Biden won’t be testifying on Monday, then things are likely to move more rapidly. If Biden doesn’t testify, closing statements would likely start Monday when court resumes, followed by jury instructions. In that case, the jury could begin deliberations as soon as Monday after lunch.

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

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The total maximum prison time for the three charges 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 on whether to put Biden on the stand for testimony followed an emotional Friday morning in court, where Biden’s eldest daughter, Naomi Biden, testified about her father’s addiction struggles.

Naomi testified under cross-examination that she knew her father had been “struggling 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 issues with addiction, which are well documented in his memoir, “Beautiful Things.” They instead argue that at the time of the gun purchase on Oct. 12, 2018, Biden did not consider himself a user of illegal substances.

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

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

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