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Hunter Biden trial enters 3rd day with cross-examination of FBI agent

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Hunter Biden trial enters 3rd day with cross-examination of FBI agent

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WILMINGTON, Del. — First son Hunter Biden’s criminal trial kicked off in earnest on Tuesday, beginning with opening statements before hearing from the case’s first witness, a special agent with the FBI. 

Jurors heard testimony and opening statements for more than seven hours on Tuesday, including Biden’s defense team setting the stage that his purchase of a Cobra Colt .38 revolver in October 2018 was a hurried purchase promoted by employees at the gun shop – StarQuest Shooters & Survival Supply in Wilmington – who wanted to make a sale. Lowell continued in his opening remarks that the firearm Biden purchased was a “small gun” that was never used in the 11 days Biden had it in his possession. 

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“No one is above the law,” argued prosecutors, who told the jury that during the trial they will present evidence showing Biden was a crack cocaine addict who lied on a federal gun form in order to purchase the firearm. 

Biden’s 2021 memoir “Beautiful Things” took center stage Tuesday as prosecutors played excerpts from Biden’s audiobook, which is narrated by Biden, in the courtroom. The excerpts detailed anecdotes such as how he linked up with a female drug dealer he nicknamed “Bicycles” who sold him crack cocaine on the streets of Washington, D.C., how he could serve as a “crack daddy” to dealers due to his spiraling addiction, and how he took cocaine from a stranger in a hotel bathroom in Monte Carlo. 

HUNTER BIDEN’S WIFE LASHES OUT AT FORMER TRUMP AIDE DURING COURT APPEARANCE: ‘PIECE OF S—‘

Hunter Biden, accompanied by his wife, Melissa Cohen Biden, leaves federal court on June 4, 2024, in Wilmington, Delaware. (AP Photo/Matt Rourke)

Though the excerpts from the book contained salacious details, jurors for the case appeared to lose interest at points while the prosecution team played roughly an hour of audiobook excerpts. Jurors were seen yawning, placing their heads in their hands, and even two jurors throughout the day appeared to close their eyes briefly as testimony continued. 

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HUNTER BIDEN’S DRUG USE: WHAT THE PROSECUTION NEEDS TO PROVE AND WHAT WE ALREADY KNOW

The court did erupt into chuckles late in the day when presiding Judge Maryellen Noreika told the court that the chair at the witness stand is fixed in its place due to previous witnesses in unrelated cases rocking back and forth before falling off the stand. The judge, as well as the jury and members of the media, laughed at the anecdote before Noreika added that such an instance is “not so funny to witness.” 

Hunter Biden, son of President Biden, leaves federal court with his wife, Melissa Cohen Biden, on the second day of his trial on criminal gun charges in Wilmington, Delaware, on June 4, 2024. (REUTERS/Kevin Lamarque)

Biden was joined by first lady Jill Biden, his sister, Ashley Biden, and his wife, Melissa Cohen Biden. During breaks, Biden was often drawn to his wife like a magnet, holding her hand and briefly hugging her and giving her a kiss.

Jill Biden took her front-row seat in the court for the second time since Monday, flanked by daughter Ashley and daughter-in-law Melissa on either side. Ashley Biden was seen becoming emotional during the trial, with Jill Biden placing her arm around her daughter.

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HUNTER BIDEN TRIAL: 9 KEY FIGURES WHO MAY TESTIFY

The first lady directed her line of vision almost exclusively toward the judge and defense team, unless her family members or allies approached her for a quick chat. At least twice, Jill Biden took a small stack of papers from her cream-colored clutch handbag, which were delicately folded in half, to read or jot down a quick note.

First lady Jill Biden arrives at federal court in Wilmington, Delaware, on June 4, 2024. (AP Photo/Matt Slocum)

The first lady left the courtroom after breaking for lunch. She was in the courtroom as excerpts of the audiobook detailed topics such as Biden’s ability to buy crack cocaine in any city he visited.

Lowell also briefly sat with the first lady during a short break in the morning, smiling as the two chatted. Jill Biden seldom stole glances at media members and others sitting behind her in the court.

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US V HUNTER BIDEN: OPENING STATEMENTS TO BEGIN IN FIRST SON’S FEDERAL GUN TRIAL AFTER JURY SEATED

Reports surfaced Tuesday that Melissa Cohen lashed out at a former Trump White House aide, Garrett Ziegler, allegedly pointing her finger at him and saying, “You have no right to be here, you Nazi piece of s—.” Fox News Digital did not witness the tense exchange.

Ziegler later confirmed the encounter, telling NBC News, “It’s sad I’ve been sitting here the whole time and haven’t approached anyone.”

Ziegler leads the nonprofit group Marco Polo and was sued by Biden last year for publishing the contents of his infamous laptop.

Hunter Biden, left, arrives with his wife, Melissa Cohen Biden, at federal court in Wilmington, Delaware, on June 4, 2024. (AP Photo/Matt Slocum)

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Prosecutors in the case allege that in October 2018, Biden visited StarQuest Shooters & Survival Supply to purchase the Colt revolver and that he lied about his drug addiction when he filled out a federal form to purchase the gun. Biden’s form was ticked “No” when asked if he is an unlawful user of a firearm or addicted to controlled substances.

He is facing charges of false statement in purchase of a firearm; false statement related to information required to be kept by federal firearms licensed dealer; possession of a firearm by a person who is an unlawful user of or addicted to a controlled substance.

HUNTER BIDEN’S CRIMINAL TRIAL ON FEDERAL GUN CHARGES BEGINS WITH JURY SELECTION

Biden pleaded not guilty in the case. 

The total maximum prison time for the three charges could be up to 25 years. Each count carries a maximum fine of $250,000 and three years of supervised release. 

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Ashley Biden arrives at federal court on the second day of Hunter Biden’s trial on criminal gun charges in Wilmington, Delaware, on June 4, 2024. (Reuters/Kevin Lamarque)

The trial continues Wednesday with cross-examination of FBI Special Agent Erica Jensen, who testified about dozens of text messages, metadata, photos and short videos found on phones and iCloud accounts belonging to Biden. 

The defense team is laying the groundwork that at the time of the gun purchase in 2018, Biden had just flown from California to the East Coast, which they appeared to argue would be incongruent with his documented behavior of active addiction. Biden detailed in his book that when he was in active addiction, he missed flights out of fear he would not be able to smoke crack on the plane.

In opening statements, Lowell set the framework that Biden’s purchase of a handgun was hurried by gun shop employees seeking to make a sale. Along with the revolver, Biden also purchased a box of ammunition, a speed loader and a BB gun, evidence presented Tuesday showed.

The defense team highlighted to the jury that they are not arguing Biden was a drug addict, with Lowell saying Biden began drinking alcohol as a teenager before graduating to hard drugs as an adult, citing his traumatic childhood, including losing his mother and sister to a car crash in 1972 that also left him seriously injured. Instead, the defense team argued that the issue at hand is whether Biden believed he was in active addiction when he entered the gun shop to make the purchase. 

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The prosecution, meanwhile, presented text message evidence and photos and video in an effort to prove to the jury that Biden was an addict before, during and after the purchase, thus working to prove he lied on the federal gun form. 

Prosecutors presented a list of their anticipated witnesses on Tuesday, including: ex-wife Kathleen Buhle; former romantic partner and sister-in-law Hallie Biden; one of Biden’s former romantic partners, Zoe Kestan; gun shop employee Gordon Cleveland; the man who discovered the gun Biden purchased, Edward Banner; and others. 

Buhle, who was married to Biden from 1993 to 2017, could take the stand on Wednesday. The former couple share three daughters. 

Court begins Wednesday at 9 a.m. and is anticipated to conclude for the day at 4:30 p.m.

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House Republicans push Johnson to go to war with Senate over SAVE Act

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House Republicans push Johnson to go to war with Senate over SAVE Act

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Several House Republicans are pushing Speaker Mike Johnson, R-La., to go to war with the Senate GOP over an election security bill that has little chance of passing the upper chamber under current circumstances.

House GOP leaders convened a lawmaker-only call on Sunday in the wake of a massive military operation against Iran launched by the U.S. and Israel.

After leaders briefed House Republicans on how the chamber would respond to the ongoing conflict — including a vote on ending Democrats’ weeks-long government shutdown targeting the Department of Homeland Security (DHS) — Fox News Digital was told that several lawmakers raised concerns about the Senate not yet taking up the Safeguarding American Voter Eligiblity (SAVE America) Act. Among other provisions, the act would require voters in federal elections to produce valid ID and proof of citizenship.

Rep. Derrick Van Orden, R-Wis., was among those pushing the House to reject any bills from the Senate until the measure was taken up, telling Johnson according to multiple sources on the call, “If we don’t get this done, or at least show that we’ve got some backbone, we’re done. The midterms are over.”

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Speaker of the House Mike Johnson, R-La., pauses for questions from reporters as he arrives for an early closed-door Republican Conference meeting at the Capitol in Washington, Tuesday, Feb. 3, 2026. (J. Scott Applewhite/AP Photo)

At least three other House Republicans shared similar concerns. Sources on the call said Rep. Brandon Gill, R-Texas, argued that GOP voters were “not enthused” heading into November and that “the single biggest thing” to turn that around would be forcing the Senate to pass the SAVE America Act.

The SAVE America Act passed the House last month with support from all Republicans and just one Democrat, Rep. Henry Cuellar, D-Texas.

JEFFRIES ACCUSES REPUBLICANS OF ‘VOTER SUPPRESSION’ OVER BILL REQUIRING VOTER ID, PROOF OF CITIZENSHIP

Republicans have pointed out on multiple occasions that voter ID measures have bipartisan support across multiple public polls and surveys. But Democrats have dismissed the legislation as an attempt at voter suppression ahead of the 2026 midterms.

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 Senate Majority Leader John Thune speaks at a press conference with other members of Senate Republican leadership following a policy luncheon in Washington, D.C. on Oct. 28, 2025. (Nathan Posner/Anadolu via Getty Images)

The legislation would require 60 votes in the Senate to break filibuster, which it’s likely not to get given Democrats’ near-uniform opposition. But House Republicans have pressured Senate Majority Leader John Thune to use a mechanism known as a standing filibuster to circumvent that — which Thune has signaled opposition to, given the vast amount of time it would take up in the Senate and potential unintended consequences in the amendment process.

It also comes as Congress grapples with the fallout from the strikes on Iran and the need to ensure safety for the U.S. domestically and for service members abroad, both of which will require close coordination between the two chambers.

Johnson told Republicans several times on the Sunday call that he was privately pressuring Thune on the bill but was wary of creating a public rift with his fellow GOP leader, sources said.

HARDLINE CONSERVATIVES DOUBLE DOWN TO SAVE THE SAVE ACT

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“If we’re going to go to war against our own party in the Senate, there may be implications to that,” Johnson said at one point, according to people on the call. “So we want to be thoughtful and careful.”

Sen. Mike Lee, R-Utah, talks with a guest during a “Only Citizens Vote Bus Tour” rally in Upper Senate Park to urge Congress to pass the Safeguard American Voter Eligibility (SAVE) Act on Wednesday, Sept. 10, 2025. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

At another point in the call, sources said Rep. Andrew Clyde, R-Ga., suggested pairing a coming vote on DHS funding with the SAVE America Act in order to force the Senate to take it up.

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But both Johnson and House Homeland Security Committee Chairman Andrew Garbarino, R-N.Y., were hesitant about such a move given the enhanced threat environment in the wake of the U.S. operation in Iran.

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Both spoke out in favor of the SAVE America Act, people told Fox News Digital, but warned the current situation merited leaving the DHS funding bill on its own in a bid to end the partial shutdown, so the department could fully function as a national security shield.

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Trump justifies Iran attack as Congress and others raise objections

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Trump justifies Iran attack as Congress and others raise objections

According to President Trump, the United States attacked Iran because the Islamic Republic posed “imminent threats” to the U.S. and its allies, including through its use of terrorist proxies and continued pursuit of nuclear weapons.

“Its menacing activities directly endanger the United States, our troops, our bases overseas and our allies throughout the world,” he said in a recorded statement Saturday.

According to leading Democrats in Congress, Trump’s justification is questionable, especially given his claims of having “completely obliterated” Iran’s nuclear capabilities in separate U.S. bombings last June.

“Everything I have heard from the administration before and after these strikes on Iran confirms this is a war of choice with no strategic endgame,” said Rep. Jim Himes (D-Conn.), ranking Democrat on the House Intelligence Committee and part of a small group of congressional leaders — the Gang of Eight — who were briefed on the operation by Secretary of State Marco Rubio.

That divide is bound to remain an issue politically heading into this year’s midterm elections, and could be a liability for Republicans — especially considering that some in the “America First” wing of the MAGA base were raising their own objections, citing Trump’s 2024 campaign pledges to extricate the U.S. from foreign wars, not start new ones.

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The debate echoed a similar if less immediate one around President George W. Bush’s decision to go to war in Iraq following the Sept. 11, 2001, attacks, also based on claims that “weapons of mass destruction” posed an immediate threat. Those claims were later disproved by multiple findings that Iraq had no such arsenal, fueling recriminations from both political parties for years.

The latest divide also intensified unease over Congress ceding its wartime powers to the White House, which for years has assumed sweeping authority to attack foreign adversaries without direct congressional input in the name of addressing terrorism or preventing immediate harm to the nation or its troops.

Even prior to the weekend bombings, Democrats including Sen. Adam Schiff of California were pushing Congress to pass a resolution barring the Trump administration from attacking Iran without explicit congressional authorization.

“President Trump must come to Congress before using military force unless absolutely necessary to defend the United States from an imminent attack,” Sen. Tim Kaine (D-Va.), a member of the armed services and foreign relations committees, said in a statement Thursday.

In justifying the daylight strikes that killed Supreme Leader Ayatollah Ali Khamenei just two days later, Trump accused the Iranian government of having “waged an unending campaign of bloodshed and mass murder” for nearly half a century — including through attacks on U.S. military assets and commercial shipping vessels abroad — and of having “armed, trained and funded terrorist militias” in multiple countries, including Hezbollah and Hamas.

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Trump said that after the U.S. bombed Iran last summer, it had warned Tehran “never to resume” its pursuit of nuclear weapons. “Instead, they attempted to rebuild their nuclear program and to continue developing long-range missiles that can now threaten our very good friends and allies in Europe, our troops stationed overseas, and could soon reach the American homeland,” he said.

Other Republican leaders largely backed the president.

“The United States did not start this conflict, but we will finish it. If you kill or threaten Americans anywhere in the world — as Iran has — then we will hunt you down, and we will kill you,” said Defense Secretary Pete Hegseth.

“Every president has talked about the threat posed by the Iranian regime. President Trump is the one with the courage to take bold, decisive action,” said Atty. Gen. Pam Bondi.

While Iran’s coordination with and sponsorship of groups such as Hezbollah and Hamas are well known, Trump’s claims about Tehran’s ongoing development of nuclear weapons systems are less established — and the administration has provided little evidence to back them up.

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Democrats seized on that lack of fresh intelligence in their responses to the attacks, contrasting Trump’s latest statements about imminent threats with his assertion after last year’s bombings that the U.S. had all but eliminated Iran’s nuclear aspirations.

“Let’s be clear: The Iranian regime is horrible. But I have seen no imminent threat to the United States that would justify putting American troops in harm’s way,” said Sen. Mark Warner (D-Va.), vice chairman of the Senate Intelligence Committee and a member of the Gang of Eight. “What is the motivation here? Is it Iran’s nuclear program? Their missiles? Regime change?”

Senate Minority Leader Chuck Schumer (D-N.Y.) said in a statement that the Trump administration “has not provided Congress and the American people with critical details about the scope and immediacy of the threat,” and must do so.

House Minority Leader Hakeem Jeffries (D-N.Y.) said the Trump administration needs congressional authority to wage such attacks barring “exigent circumstances,” and didn’t have it.

“The Trump administration must explain itself to the American people and Congress immediately, provide an ironclad justification for this act of war, clearly define the national security objective and articulate a plan to avoid another costly, prolonged military quagmire in the Middle East,” he said.

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After the U.S. military announced Sunday that three U.S. service personnel were killed and five others seriously wounded in the attacks, the demands for a clearer justification and new constraints on Trump only increased.

Rep. Ro Khanna (D-Fremont) said Sunday he is optimistic that Democrats will be unified in trying to pass the war powers resolution, and also that some Republicans will join them, given that the strikes have been unpopular among a portion of the MAGA base.

Rep. Thomas Massie (R-Ky.), who partnered with Khanna to force the release of the Jeffrey Epstein files, has said he will work with him again to push a congressional vote on war with Iran, which he said was “not ‘America First.’”

Benjamin Radd, a political scientist and senior fellow at the UCLA Burkle Center for International Relations, said that whether or not Iran represented an “imminent” threat to the U.S. depends not just on its nuclear capabilities, but on its broader desire and ability to inflict pain on the U.S. and its allies — as was made clear to both the U.S. and Israel after the Hamas attacks on Israel on Oct. 7, 2023, which Iran praised.

“If you are Israel or the United States, that’s imminent,” he said.

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What happens next, Radd said, will largely depend on whether remaining Iranian leaders stick to Khamenei’s hard-line policies, or decide to negotiate anew with the U.S. He expects they might do the latter, because “it’s a fundamentalist regime, it’s not a suicidal regime,” and it’s now clear that the U.S. and Israel have the capabilities to take out Iranian leaders, Iran has little ability to defend itself, and China and Russia are not rushing to its aid.

How the strikes are viewed moving forward may also depend on what those leaders decide to do next, said Kevan Harris, an associate professor of sociology who teaches courses on Iran and Middle East politics at the UCLA International Institute.

If the conflict remains relatively contained, it could become a political win for Trump, with questions about the justification falling away. But if it spirals out of control, such questions are likely to only grow, as occurred in Iraq when things started to deteriorate there, he said.

Israel and the U.S. are betting that the conflict will remain manageable, which could turn out to be true, Harris said, but “the problem with war is you never really know what might happen.”

On Sunday, Iran launched retaliatory attacks on Israel and the wider Gulf region. Trump said the campaign against Iran continued “unabated,” though he may be willing to negotiate with the nation’s new leaders. It was unclear when Congress might take up the war powers measure.

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Video: Trump’s War of Choice With Iran

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Video: Trump’s War of Choice With Iran

new video loaded: Trump’s War of Choice With Iran

Our national security correspondent David E. Sanger examines the war of choice that President Trump has initiated with Iran.

By David E. Sanger, Gilad Thaler, Thomas Vollkommer and Laura Salaberry

March 1, 2026

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