Day 3 of Hunter Biden's federal gun trial (2024)

5:01 p.m. ET, June 5, 2024

Hunter Biden's ex-wife and ex-girlfriend testify in the federal gun trial. Here’s what happened in court

From CNN staff

Hunter Biden’s ex-wife and ex-girlfriend were on the stand Wednesday in his trial on federal gun charges.

They testified about his drug use as the prosecution is trying to prove that Biden knowingly lied on a federal form when he purchased a gun in 2018.

The man who sold Biden the gun also took the stand and the revolver that Biden purchased was shown to the jury.

Here’s a recap of what happened in court today:

  • Cross-examination of the prosecution's first witness: FBI special agent Erika Jensen was back on the stand with the defense arguing that there is no evidence in Biden’s memoir that he was using drugs when he bought the gun. She also saidinvestigators couldn’t verify that Biden actually did what he claimed he was doing in several texts being used as evidence against him.
  • Hunter Biden’s ex-wife:Hunter Biden’s ex-wife Kathleen Buhle testified that she first learned of his drug use in July 2015. She previously “worried” and was “scared” about possible drug use due to Hunter Biden’s 2014 exit from the Navy. Buhle also said she found drugs inBiden’s car on multiple occasions. Under cross-examination, Buhle saidshe didn’t know exactly whenshe checked Biden’s car and found drug paraphernalia.
  • Hunter Biden’s ex-girlfriend: Zoe Kestan told jurors she met Biden at a gentleman’s club in 2017. She described him as “incredibly friendly” and “charming” and said Biden smoked crack almost constantly in private but not while out in public, where he was affable. Kestan testified that she sometimes helped him buy drugs and withdraw cash. Trying to make a connection to the timeline of the gun purchase, Kestan testified that she saw Biden doing drugs as late as September 2018.
  • Man who sold Biden the gun: Gordon Cleveland testified that Biden came into the gun store“looking for a firearm.” He said he watched Biden fill out the federal form before he purchased the gun in 2018. Cleveland told Biden to take his time to avoid making mistakes, he said and watched Biden check “no” on the question of whether he used illegal drugs. He testified that Biden paid in cash and also bought ammunition.
  • Remember: The indictment stems from a 2018 gun purchase. While buying the revolver in Delaware, Biden is accused of lying on a federal form, swearing that he was not using, and was not addicted to, any illegal drugs — even though he was struggling with crack cocaine addiction at the time of the purchase. If convicted on all counts, Biden could theoretically face as much as 25 years in prison and fines of up to $750,000, according to court filings.
4:41 p.m. ET, June 5, 2024

Jury excused for the day in Hunter Biden case

From CNN’s Marshall Cohen and Holmes Lybrand

The jury has been excused for the day in the Hunter Biden trial.

The court will resume Thursday at 9 a.m. ET with Gordon Cleveland, an employee at the gun store, back on the stand.

4:44 p.m. ET, June 5, 2024

Hunter Biden also bought ammunition when he purchased the gun, seller said

From CNN’s Marshall Cohen and Holmes Lybrand

Gordon Cleveland, who was an employee at the gun store, said he also encouraged customers — including Hunter Biden — to buy ammunition when they purchased a firearm.

“You buy the gun, you may as well buy the ammunition, too. Because what are you going to do, throw it at somebody?” he quipped.

Cleveland testified that he explained to Biden that hollow-point bullets — more expensive ammunition — were best for self-defense. He said Biden chose to purchase the bullets.

The former salesman added that he “was making the same pay” whether someone bought a gun or not.

4:37 p.m. ET, June 5, 2024

Gun salesman embraces reputation as someone who could close deals on expensive guns

From CNN’s Marshall Cohen and Holmes Lybrand

The gun salesman, Gordon Cleveland, embraced his reputation as a “whale hunter,” chuckling when Hunter Biden's defense attorney brought up the term and bragging about his ability to close deals for pricey guns.

The defense is pursuing this line of inquiry because in opening statements it told the jury that Cleveland essentially peddled the gun to Hunter Biden.

“I could sell whatever you had. It’s just what I did,” he said, explaining why his colleagues called him a whale hunter. This included attempts to push his customers to buy more expensive guns, he conceded.

But Cleveland said he did that because the pricier guns are more reliable and high quality.

He wouldn’t peddle “junk” onto customers, Cleveland said.

4:37 p.m. ET, June 5, 2024

Defense questions gun shop employee about how Hunter Biden arrived at the store

From CNN’s Marshall Cohen and Holmes Lybrand

On cross-examination, Hunter Biden's defense attorney Abbe Lowell pressed the man who sold Hunter Biden a gun in 2018 about how he saw him arrive at the store.

“Did you see through the wall?” Lowell asked.

The gun store employee, Gordon Cleveland, said no, he eventually saw the car through the store window.

Lowell said in opening statements that Hunter was only in the area to buy a new phone.

Cleveland testified that Hunter pulled into the parking lot of the gun shop from the direction of an AT&T store across the street.

4:02 p.m. ET, June 5, 2024

Gun shop employee says Hunter Biden paid in cash

Former gun shop employee Gordon Cleveland testified that Hunter Biden paid in cash for the gun he purchased in 2018.

Cleveland said that Biden told him to keep the change left over, but he decided to leave the extra money in an envelope at the store.

“I don’t keep tips,” Cleveland said.

Cleveland testified he stopped working at the store in 2021 due to health issues.

He is now being cross examined by defense attorney Abbe Lowell.

4:06 p.m. ET, June 5, 2024

Meantime: House Republicans issue criminal referrals to DOJ against James and Hunter Biden

From CNN's Annie Grayer

The Republican-led committees leading the impeachment inquiry into President Joe Biden referred Hunter and James Biden to the Department of Justice on Wednesday, recommending they be charged with making false statements to Congress during closed-door interviews earlier this year.

In a letter to Attorney General Merrick Garland and special counsel David Weiss, who is leading the criminal investigation into the president’s son, the trio of Republican committee chairmen laid out their case for why the DOJ should pursue criminal charges of the president’s son and brother.

The Republicans are seeking to tie their criminal referral of Hunter Biden to the ongoing trial, arguing that his criminal charge for lying on gun purchase forms should weigh on how the DOJ evaluates their accusations.

Political maneuver: House Republicans are looking to go on offense, even if they don’t move the needle in their stalled impeachment inquiry into the president. Their investigation has failed to uncover evidence of wrongdoing by the president and Republicans lack the votes to impeach the president in their narrow majority.

CNN has reached out to representatives of Hunter and James Biden for comment.DOJ acknowledged it has received the referrals but has no further comment.

3:41 p.m. ET, June 5, 2024

Gun store employee testifies he saw Hunter Biden fill out the federal form at center of trial

Gordon Cleveland testified that he told Hunter Biden to “take your time” in filling out the required federal form before Hunter Biden bought a gun in 2018.

Cleveland said he always told people to take their time with the form because some people would fill it out incorrectly and mess up the sale.

The former gun store employee also said he watched Hunter Biden mark “no” on the question of whether he was a user of illegal drugs.

Day 3 of Hunter Biden's federal gun trial (2024)
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