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5 things to know about Hunter Biden trial

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5 things to know about Hunter Biden trial

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Hunter Biden’s federal gun crime trial kicked off with jury selection on Monday in Delaware, launching proceedings that are sure to hold the nation’s attention in the days and weeks to come.

Here are some key facts to know about the trial moving forward.

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1. Hunter Biden faces up to 25 years in prison

Hunter is charged with one count of making false statements in a firearm purchase, another count of making a false statement related to information required to be kept by a licensed firearm dealer, and one count of possession of a firearm by a person who is an unlawful user of or addicted to a controlled substance.

If he is found guilty on all charges, he could face a maximum sentence of 25 years in prison. Each count also carries a maximum fine of $250,000 and three years of supervised release. 

JUDGE BARS PROSECUTORS FROM USING SOME SALACIOUS EVIDENCE IN HUNTER BIDEN’S GUN TRIAL

Hunter Biden’s federal gun crime trial kicked off on Monday in Delaware, launching proceedings that are sure to hold the nation’s attention in the days and weeks to come. (AP Photo/Matt Slocum)

According to an indictment, Hunter Biden bought a Colt Cobra revolver on Oct. 12, 2018, and “knowingly made a false and fictitious written statement, intended and likely to deceive that dealer with respect to a fact material to the lawfulness of the sale of the firearm … certifying he was not an unlawful user of, and addicted to, any stimulant, narcotic drug, and any other controlled substance, when in fact, as he knew, that statement was false and fictitious.”

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2. Hunter’s defense hinges on his drug addiction

Hunter’s charges allege that he was addicted to drugs at the time he purchased the firearm, meaning prosecutors do not need to prove that he was in fact on drugs at the moment of the purchase.

Fox News legal analyst Gregg Jarrett summarized Hunter’s “crazy” defense plan in a Monday morning appearance on “Fox & Friends.”

“The best witness against Hunter Biden is Hunter Biden,” Jarrett said. “I mean, [he] wrote a book explaining in detail how he was a drug addict at the exact time that he bought a gun and then allegedly lied about it, so he incriminated himself, and it was incredibly foolish to cash in by peddling a book about your addiction when you know you’re under criminal investigation for an addiction related crime.”

HUNTER BIDEN PLEADS NOT GUILTY TO TAX CHARGES BROUGHT BY SPECIAL COUNSEL DAVID WEISS

President Biden has yet to speak about his son’s trial now that it has begun. (Hannah Beier/Bloomberg via Getty Images/File)

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Jarrett said Hunter’s main defense hinges on denial of addiction and rehab, with a backup defense of being too strung out to intend wrongdoing. His defense may also attempt to challenge the Second Amendment, despite his father’s advocacy for stricter gun laws.

HUNTER BIDEN IS IN COURT IN DELAWARE. HERE’S WHAT HE DOESN’T WANT THE JURY TO HEAR

“His dad is on record railing against the Second Amendment,” Jarrett said. “And arguing strict gun laws should always be enforced, except for, you know, maybe against my own son. So, it’s a crazy defense.”

3. Hunter’s family members are attending the proceedings

First lady Jill Biden, Hunter’s stepmother, attended the first day of his trial alongside Hunter’s sister, Ashley Biden, on Monday.

Hunter arrived at court while holding hands with wife Melissa Cohen Biden.

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Hunter’s father, President Biden, has not announced any plans to attend the proceedings.

4. The judge has barred prosecutors from using salacious evidence

The judge in Hunter’s trial has ruled that the prosecution cannot use some salacious evidence in the proceedings, including references to his U.S. Navy discharge and the child support case for his out-of-wedlock daughter in Arkansas.

Judge Maryellen Noreika said the government may use part of Hunter Biden’s book in which he discusses his addiction to drugs.

Hunter Biden and his wife, Melissa Cohen Biden, arrive at federal court in Wilmington, Delaware, on June 3, 2024. (AP Photo/Matt Slocum)

The prosecution does not plan to bring out Hunter Biden’s entire infamous laptop, which leaked in 2020 just before the presidential election, but may introduce certain pieces of information. Noreika ruled that Hunter Biden’s team will be able to question aspects of the laptop in front of the jury. 

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In what is called a “motion in limine,” Hunter Biden asked the court “to exclude reference to the child support proceedings in Arkansas and reference to his discharge from the Navy.” This is in reference to the child he fathered out-of-wedlock with ex-stripper Lunden Roberts.

5. This is not Hunter’s only criminal trial

Hunter’s gun crime charges are not the only criminal charges against him. The first son is also facing federal tax charges in California.

Hunter will have to attend federal court in Los Angeles this month for tax evasion charges. That case stems from a years-long investigation conducted by Special Counsel David Weiss.

Weiss charged Hunter Biden in December, alleging a “four-year scheme” in which the president’s son did not pay his federal income taxes from January 2017 to October 2020 while also filing false tax reports.

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Hunter has pleaded not guilty to all charges in that case, with a trial scheduled to begin on June 20.

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Trump admin sues Illinois Gov. Pritzker over laws shielding migrants from courthouse arrests

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Trump admin sues Illinois Gov. Pritzker over laws shielding migrants from courthouse arrests

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The U.S. Justice Department filed a lawsuit against Illinois Gov. JB Pritzker over new laws that aim to protect migrants from arrest at key locations, including courthouses, hospitals and day cares.

The lawsuit was filed on Monday, arguing that the new protective measures prohibiting immigration agents from detaining migrants going about daily business at specific locations are unconstitutional and “threaten the safety of federal officers,” the DOJ said in a statement.

The governor signed laws earlier this month that ban civil arrests at and around courthouses across the state. The measures also require hospitals, day care centers and public universities to have procedures in place for addressing civil immigration operations and protecting personal information.

The laws, which took effect immediately, also provide legal steps for people whose constitutional rights were violated during the federal immigration raids in the Chicago area, including $10,000 in damages for a person unlawfully arrested while attempting to attend a court proceeding.

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PRITZKER SIGNS BILL TO FURTHER SHIELD ILLEGAL IMMIGRANTS IN ILLINOIS FROM DEPORTATIONS

The Trump administration filed a lawsuit against Illinois Gov. JB Pritzker over new laws that aim to protect migrants from arrest at key locations. (Getty Images)

Pritzker, a Democrat, has led the fight against the Trump administration’s immigration crackdown in Illinois, particularly over the indiscriminate and sometimes violent nature in which they are detained.

But the governor’s office reaffirmed that he is not against arresting illegal migrants who commit violent crimes.

“However, the Trump administration’s masked agents are not targeting the ‘worst of the worst’ — they are harassing and detaining law-abiding U.S. citizens and Black and brown people at daycares, hospitals and courthouses,” spokesperson Jillian Kaehler said in a statement.

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Earlier this year, the federal government reversed a Biden administration policy prohibiting immigration arrests in sensitive locations such as hospitals, schools and churches.

The U.S. Immigration and Customs Enforcement’s “Operation Midway Blitz,” which began in September in the Chicago area but appears to have since largely wound down for now, led to more than 4,000 arrests. But data on people arrested from early September through mid-October showed only 15% had criminal records, with the vast majority of offenses being traffic violations, misdemeanors or nonviolent felonies.

Gov. JB Pritzker has led the fight against the Trump administration’s immigration crackdown in Illinois. (Kamil Krazaczynski/AFP via Getty Images)

Immigration and legal advocates have praised the new laws protecting migrants in Illinois, saying many immigrants were avoiding courthouses, hospitals and schools out of fear of arrest amid the president’s mass deportation agenda.

The laws are “a brave choice” in opposing ICE and U.S. Customs and Border Protection, according to Lawrence Benito, executive director of the Illinois Coalition for Immigrant and Refugee Rights.

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“Our collective resistance to ICE and CBP’s violent attacks on our communities goes beyond community-led rapid response — it includes legislative solutions as well,” he said.

The DOJ claims Pritzker and state Attorney General Kwame Raoul, also a Democrat, violated the U.S. Constitution’s Supremacy Clause, which establishes that federal law is the “supreme Law of the Land.”

ILLINOIS LAWMAKERS PASS BILL BANNING ICE IMMIGRATION ARRESTS NEAR COURTHOUSES

Border Patrol Commander Gregory Bovino leaves the Dirksen U.S. Courthouse in Chicago. (Brian Cassella/Chicago Tribune/Tribune News Service via Getty Images)

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Raoul and his staff are reviewing the DOJ’s complaint.

“This new law reflects our belief that no one is above the law, regardless of their position or authority,” Pritzker’s office said. “Unlike the Trump administration, Illinois is protecting constitutional rights in our state.”

The lawsuit is part of an initiative by U.S. Attorney General Pam Bondi to block state and local laws the DOJ argues impede federal immigration operations, as other states have also made efforts to protect migrants against federal raids at sensitive locations.

The Associated Press contributed to this report.

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Supreme Court rules against Trump, bars National Guard deployment in Chicago

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Supreme Court rules against Trump, bars National Guard deployment in Chicago

The Supreme Court ruled against President Trump on Tuesday and said he did not have legal authority to deploy the National Guard in Chicago to protect federal immigration agents.

Acting on a 6-3 vote, the justices denied Trump’s appeal and upheld orders from a federal district judge and the U.S. 7th Circuit Court of Appeals that said the president had exaggerated the threat and overstepped his authority.

The decision is a major defeat for Trump and his broad claim that he had the power to deploy militia troops in U.S. cities.

In an unsigned order, the court said the Militia Act allows the president to deploy the National Guard only if the regular U.S. armed forces were unable to quell violence.

The law dating to 1903 says the president may call up and deploy the National Guard if he faces the threat of an invasion or a rebellion or is “unable with the regular forces to execute the laws of the United States.”

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That phrase turned out to be crucial.

Trump’s lawyers assumed it referred to the police and federal agents. But after taking a close look, the justices concluded it referred to the regular U.S. military, not civilian law enforcement or the National Guard.

“To call the Guard into active federal service under the [Militia Act], the President must be ‘unable’ with the regular military ‘to execute the laws of the United States,’” the court said in Trump vs. Illinois.

That standard will rarely be met, the court added.

“Under the Posse Comitatus Act, the military is prohibited from execut[ing] the laws except in cases and under circumstances expressly authorized by the Constitution or Act of Congress,” the court said. “So before the President can federalize the Guard … he likely must have statutory or constitutional authority to execute the laws with the regular military and must be ‘unable’ with those forces to perform that function.

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“At this preliminary stage, the Government has failed to identify a source of authority that would allow the military to execute the laws in Illinois,” the court said.

Although the court was acting on an emergency appeal, its decision is a significant defeat for Trump and is not likely to be reversed on appeal. Often, the court issues one-sentence emergency orders. But in this case, the justices wrote a three-page opinion to spell out the law and limit the president’s authority.

Justice Amy Coney Barrett, who oversees appeals from Illinois, and Chief Justice John G. Roberts Jr. cast the deciding votes. Justice Brett M. Kavanaugh agreed with the outcome, but said he preferred a narrow and more limited ruling.

Conservative Justices Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch dissented.

Alito, in dissent, said the “court fails to explain why the President’s inherent constitutional authority to protect federal officers and property is not sufficient to justify the use of National Guard members in the relevant area for precisely that purpose.”

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California Gov. Gavin Newsom and Atty. Gen. Rob Bonta filed a brief in the Chicago case that warned of the danger of the president using the military in American cities.

“Today, Americans can breathe a huge sigh of relief,” Bonta said Tuesday. “While this is not necessarily the end of the road, it is a significant, deeply gratifying step in the right direction. We plan to ask the lower courts to reach the same result in our cases — and we are hopeful they will do so quickly.”

The U.S. 9th Circuit Court of Appeals had allowed the deployments in Los Angeles and Portland, Ore., after ruling that judges must defer to the president.

But U.S. District Judge Charles Breyer ruled Dec. 10 that the federalized National Guard troops in Los Angeles must be returned to Newsom’s control.

Trump’s lawyers had not claimed in their appeal that the president had the authority to deploy the military for ordinary law enforcement in the city. Instead, they said the Guard troops would be deployed “to protect federal officers and federal property.”

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The two sides in the Chicago case, like in Portland, told dramatically different stories about the circumstances leading to Trump’s order.

Democratic officials in Illinois said small groups of protesters objected to the aggressive enforcement tactics used by federal immigration agents. They said police were able to contain the protests, clear the entrances and prevent violence.

By contrast, administration officials described repeated instances of disruption, confrontation and violence in Chicago. They said immigration agents were harassed and blocked from doing their jobs, and they needed the protection the National Guard could supply.

Trump Solicitor Gen. D. John Sauer said the president had the authority to deploy the Guard if agents could not enforce the immigration laws.

“Confronted with intolerable risks of harm to federal agents and coordinated, violent opposition to the enforcement of federal law,” Trump called up the National Guard “to defend federal personnel, property, and functions in the face of ongoing violence,” Sauer told the court in an emergency appeal filed in mid-October.

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Illinois state lawyers disputed the administration’s account.

“The evidence shows that federal facilities in Illinois remain open, the individuals who have violated the law by attacking federal authorities have been arrested, and enforcement of immigration law in Illinois has only increased in recent weeks,” state Solicitor Gen. Jane Elinor Notz said in response to the administration’s appeal.

The Constitution gives Congress the power “to provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions.”

But on Oct. 29, the justices asked both sides to explain what the law meant when it referred to the “regular forces.”

Until then, both sides had assumed it referred to federal agents and police, not the standing U.S. armed forces.

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A few days before, Georgetown law professor and former Justice Department lawyer Martin Lederman had filed a friend-of-the-court brief asserting that the “regular forces” cited in the 1903 law were the standing U.S. Army.

His brief prompted the court to ask both sides to explain their view of the disputed provision.

Trump’s lawyers stuck to their position. They said the law referred to the “civilian forces that regularly execute the laws,” not the standing army.

If those civilians cannot enforce the law, “there is a strong tradition in this country of favoring the use” of the National Guard, not the standing military, to quell domestic disturbances, they said.

State attorneys for Illinois said the “regular forces” are the “full-time, professional military.” And they said the president could not “even plausibly argue” that the U.S. Guard members were needed to enforce the law in Chicago.

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Video: Trump Announces Construction of New Warships

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Video: Trump Announces Construction of New Warships

new video loaded: Trump Announces Construction of New Warships

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Trump Announces Construction of New Warships

President Trump announced on Monday the construction of new warships for the U.S. Navy he called a “golden fleet.” Navy officials said the vessels would notionally have the ability to launch hypersonic and nuclear-armed cruise missiles.

We’re calling it the golden fleet, that we’re building for the United States Navy. As you know, we’re desperately in need of ships. Our ships are, some of them have gotten old and tired and obsolete, and we’re going to go the exact opposite direction. They’ll help maintain American military supremacy, revive the American shipbuilding industry, and inspire fear in America’s enemies all over the world. We want respect.

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President Trump announced on Monday the construction of new warships for the U.S. Navy he called a “golden fleet.” Navy officials said the vessels would notionally have the ability to launch hypersonic and nuclear-armed cruise missiles.

By Nailah Morgan

December 23, 2025

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