What the prosecution and defense said during closing arguments in Hunter Biden’s trial

Geoff Bennett:

Major developments today in two legal cases were tracking.

First, jurors started deliberations in Hunter Biden's gun trial in Delaware. He's accused of lying on federal forms about his drug use to illegally purchase a gun in 2018.

And, today, former President Donald Trump sat for a probation interview. That's a critical step ahead of his sentencing on July 11. It follows his historic conviction last month on 34 felony counts in his criminal hush money trial.

Renato Mariotti is a former federal prosecutor, and he joins us now.

Renato, thanks so much for being with us.

So, Hunter Biden is facing a three-count indictment. Help us understand what the jurors are weighing. What were some of the takeaways from the prosecution's closing arguments?

Renato Mariotti, Former Federal Prosecutor:

So the prosecution here is trying to present a very straightforward case. This is a case in which there's no question that Hunter Biden owned a firearm for a period of time. It wasn't long. This was a matter of days, not weeks or months.

But he did own a firearm. And in purchasing that firearm, he indicated that he was not at the time addicted to a controlled substance. And the prosecution had put on testimony that showed that, before that period of time he had been using drugs and after that period of time he had been using drugs.

They also put on excerpts from his own memoir where he talks about using drugs during that time period. Essentially, what they're trying to present this is as a very straightforward matter.

The defense, of course, is taking a very different view, because he had gone through rehab right around that time. And what matters here and what really the case comes down to is what his state of mind was when he filled out that form. Was he knowingly and willfully making a false statement when he said that he was not addicted to drugs?

Or was he essentially reflecting what he felt coming out of a rehab program, where he said more or less that he felt that he was clean at that time?

Geoff Bennett:

Well, tell me more about that. Give me your assessment of the defense's case, because, to your point, yes, they're saying that Hunter Biden did not view himself as an addict when he filled out that firearm form, that federal form saying that he was not abusing drugs.

Do you think a jury will find that credible?

Renato Mariotti:

I think the question really is whether one or more jurors will find that credible.

In our system, you need to have a unanimous jury in order to reach a verdict of guilty. If even one juror disagrees, that's enough. And the fact that we have already had some deliberation and the jury's gone home for the day and they have not reached a conclusion suggests to me that at least one member of the jury thinks that this is a more complicated case.

Now, what I will say is, Hunter has a very strong defense team and they have essentially teed this up using effectively a surrogate. So his own daughter testified regarding how she appeared to him during that time, essentially backing up the defense argument that he was not using drugs right at that precise time that he filled out the form.

He himself, Hunter Biden, did not take his stand, I think for rather obvious reasons. He would have some withering cross-examination if he did. And, really, I think what's going on here is, the defense is essentially putting this prosecution trial. They are basically with all — there's a lot of atmospherics here.

The Bidens are big names in Delaware for obvious reasons. You have got the whole family there, as you pointed out earlier. And, really, the question is, is there a juror or two who just feels like the whole thing is wrong-headed and they can't feel right in their heart that Hunter Biden was trying to lie when he filled out that form?

Geoff Bennett:

Well, let's shift our focus and talk about Donald Trump, because the former president, as we said, he sat for an interview with a New York City Probation Department Official today.

And there were a couple of things about this, Renato, that stand out as unusual. One, it was a virtual interview. And, two, his attorney, Todd Blanche, was present, which is not the case for convicted defendants typically. Why was Mr. Trump given those accommodations?

Renato Mariotti:

I think it's fair to say that the judge, in this case, Juan Merchan, has made it clear that he doesn't view the former president as a typical defendant.

When the former president was breaking the gag order, for example, the judge made very clear that he did not want to jail the former president, that he viewed the consequences for the country as much broader than the consequences for Donald Trump himself.

And so I think that the judge is trying to go out of his way to be accommodating to the former president, and the probation office as well. I will say I personally think that's a mistake by the defense team there. If I was Todd Blanche, I would want my client to be personally interacting with the probation officer and trying to charm her, because, ultimately, she's going to be the one neutral party presenting information about him to the judge before sentencing.

Geoff Bennett:

In the minute we have left, how will the judge use this report once this interview is conducted and then written up by the probation officer?

Renato Mariotti:

So, a lot of times, when we talk about sentences, people say, oh, the maximum possible sentences, this and that.

But what judges really try to do when they craft sentences is consider all of the facts and circumstances surrounding the case and everything about that person in fashioning the proper sentence for a particular conviction.

Here, the only neutral evidence that the judge will get is from the probation officer. The prosecution is going to give their view, obviously against the former president. And, of course, Donald Trump's team is going to give their perspective on it.

And, really, I think the judge is going to be looking to the probation officer and for her guidance regarding what an appropriate sentence would be.

Geoff Bennett:

That is Renato Mariotti.

Thanks, as always, for your insights, Renato. We appreciate it.

Renato Mariotti:

Thank you.