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Prosecution in Hunter Biden Case Rests

Now on to Hunter Biden. As you probably recall, he is accused of checking a box on a form when he bought a gun saying that he was not a drug addict when he certainly used to be and most likely was when he filled out the form. Lying on a federal gun form is a felony. Last week, the prosecution presented its case.

Jill Biden, whom Hunter calls his mother, was in the first row every day for the trial last week. She didn't show any emotion, but did talk to her son during breaks. Sometimes she hugged him and gave him a kiss on the cheek. Dad couldn't show up because he was in France honoring the veterans who fell on D-Day. In case you missed it, Melania Trump never showed up at her hubby's trial. Neither did Darling Daughter Ivanka. Eric and Junior did show up occasionally to score points, though. What did you expect from the party of family values. Loyalty?

Hunter may end up being hanged by his own words. In his memoir, Beautiful Things, he talked about his cocaine habit, rehab, and struggles with addiction. After hearing this, it is hard to imagine the jury not believing he was a drug addict. In addition, one time he rented a car and left his wallet and drug paraphernalia in the car. The rental company called the police, who called the Secret Service, who called Joe Biden. However, no charges were brought in that case.

Three of the witnesses were Biden's first wife, Kathleen Buhle, and two of his former girlfriends. One of them was his late brother's wife, Hallie. All of them testified about Biden's drug addiction. It will be almost impossible for anyone on the jury to say that he or she has any doubt that he was once a drug addict. One open question, however, is: "When does a drug addict stop being a drug addict?" If he stopped before he bought the gun, he might get away with it, but that is a long shot.

The defense strategy is probably going right there. All that matters in this case was whether Biden was a drug addict on the day he bought the gun. Day before and day after don't count. Defense lawyer Abbe Lowell is probably going to argue that there is proof he was a drug addict long before he bought the gun and proof that he relapsed afterwards, but there is no specific proof he was an addict the day he bought the gun, and that is all that matters. Lowell will also deal with the fact that bank records show Biden withdrew $151,000 in cash from ATMs prior to the gun purchase. He will say the prosecution failed to do any kind of financial forensic analysis to see where the money went. It could have been for many legal things. Some people like to pay for stuff in cash. That is perfectly legal.

On Friday, the defense called Biden's daughter, Naomi Biden, to the witness stand. She testified that she visited him at a rehab facility months before the gun purchase. She said she was so proud that he kicked his drug habit. This could make some jurors have doubts that he was an addict the day he bought the gun. That's the only day that matters. However, prosecutors read some very personal texts Biden exchanged with his daughter after the gun purchase that could suggest he had relapsed. Again, how do you prove someone was an addict on a specific date unless there is an eyewitness to seeing him use drugs on that date? As with the Trump trial, the defense is aiming for a hung jury, not an acquittal.

The trial will continue today. A key question is whether the defense will call the First Son as a witness. That is always a dangerous thing to do. The defense will make its announcement today. If Biden chooses not to testify, both sides will make their summaries today or tomorrow. If he does testify, the cross-examination could last several days. Also, in that case, the prosecution could call more witnesses.

Although he didn't attend the trial—because he died of cancer in 2015—Biden's brother Beau plays a major role in the case. Hunter has said that after his beloved brother died, he spiraled into drug use. Naomi confirmed this. This could get some pity from the jury as some members could understand why he wanted to escape from reality. Hunter's taking Beau's wife as a girlfriend seems almost Biblical, but its effect on the jury is hard to guess. (V)

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