United States v. Biden (1:23-cr-00061)

REPLY BRIEF/MEMORANDUM by Robert Hunter Biden re 252 MOTION to Dismiss for Lack of Jurisdiction (Dalton, Bartholomew) (Entered: 08/13/2024)

OFFICIAL TRANSCRIPT of Jury Trial held on 06/10/2024 before Judge Maryellen Noreika. Court Reporter/Transcriber: Dale C. Hawkins,Email: Dale_Hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 9/3/2024. Redacted Transcript Deadline set for 9/12/2024. Release of Transcript Restriction set for 11/12/2024. (dh) (Entered: 08/12/2024)

OFFICIAL TRANSCRIPT of Jury Trial held on 06/06/2024 before Judge Maryellen Noreika. Court Reporter/Transcriber: Dale C. Hawkins,Email: Dale_Hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 9/3/2024. Redacted Transcript Deadline set for 9/12/2024. Release of Transcript Restriction set for 11/12/2024. (dh) (Entered: 08/12/2024)

OFFICIAL TRANSCRIPT of Jury Trial held on 06/04/2024 before Judge Maryellen Noreika. Court Reporter/Transcriber: Dale C. Hawkins,Email: Dale_Hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 9/3/2024. Redacted Transcript Deadline set for 9/12/2024. Release of Transcript Restriction set for 11/12/2024. (dh) (Entered: 08/12/2024)

BRIEF/MEMORANDUM in Opposition by USA as to Robert Hunter Biden re 252 MOTION to Dismiss for Lack of Jurisdiction (Hines, Derek) (Entered: 08/08/2024)

ORAL ORDER re: D.I. 247, IT IS HEREBY ORDERED that the Sealed Motion (DI 167 ) is hereby unsealed. The expert disclosure of Michael Waski is not part of the record of this case or in the Courts possession. IT IS HEREBY FURTHER ORDERED that the Court will not address further informal requests made by letter rather than appropriate motion. Ordered by Judge Maryellen Noreika on 7/18/2024. (as)

Letter to The Honorable Maryellen Noreika from the United States regarding Response to Court's Oral Order at ECF 248 - re 248 Oral Order,. (Hines, Derek) (Entered: 07/17/2024)

ORAL ORDER re Letter ( 247 ): IT IS HEREBY ORDERED that, by the close of business today, the parties shall provide the Court with their respective positions on the request for the unsealing of the two documents referenced in the letter. ORDERED by Judge Maryellen Noreika on 7/17/2024. (mdb) (Entered: 07/17/2024)

Letter to Honorable Maryellen Noreika from Marcy Wheeler regarding request for unsealing of two documents made part of judicial record in Hunter Biden case. (mdb) (Entered: 07/17/2024)

RESPONSE in Opposition to Motion by USA re 237 MOTION for New Trial on All Counts for Lack of Jurisdiction (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Text of Proposed Order)(Hines, Derek). (Entered: 07/08/2024)

NOTICE of Supplemental Authority by USA as to Robert Hunter Biden re 234 Brief/Memorandum in Opposition (Wise, Leo). (Entered: 07/02/2024)

CORRECTING ENTRY: Per the request of defense counsel, D.I. 242, REPLY to RESPONSE has been REMOVED from the docket. (as)

SUR-REPLY in Opposition to 220 MOTION for Acquittal Under Rule 29 Under the Second Amendment as Applied and the Fifth Amendment (Hines, Derek). (Entered: 07/01/2024)

NOTICE of Supplemental Authority: Snyder v. United States, No. 23-108 (U.S. June 26, 2024) by Robert Hunter Biden (Dalton, Bartholomew). (Entered: 06/27/2024)

REPLY TO RESPONSE to Motion by Robert Hunter Biden re 233 Brief/Memorandum in Opposition re Motion for Acquittal Under Rule 29 on Count Three for Charging a Non-Crime (Dalton, Connor). (Entered: 06/24/2024)

BRIEF/MEMORANDUM in Opposition by USA as to Robert Hunter Biden re 220 MOTION for Acquittal Under Rule 29 Under the Second Amendment as Applied and the Fifth Amendment (Attachments: # 1 Text of Proposed Order)(Hines, Derek) (Entered: 06/21/2024)

ORDER directing that jurors be provided lunch (cc: Finance). Signed by Judge Maryellen Noreika on 6/12/2024. (mdb) (Entered: 06/12/2024)

Jury Notes (SEALED) as to Robert Hunter Biden (Jury Notes on file in Clerk's Office) (mdb) (Entered: 06/11/2024)

REDACTED VERSION of 228 Jury Verdict as to Robert Hunter Biden. (mdb) (Entered: 06/11/2024)

Joint EXHIBIT & WITNESS LIST as to Robert Hunter Biden. (mdb) (Entered: 06/11/2024)

FINAL Jury Instructions as to Robert Hunter Biden (read to jury on 6/10/2024). (mdb) (Entered: 06/11/2024)

Proposed FINAL Jury Instructions Regarding Theory of the Case and Objections to Final Jury Instructions by Robert Hunter Biden (Dalton, Bartholomew). (Entered: 06/09/2024)

MOTION for Acquittal Under Rule 29 on Count Three for Charging a Non-Crime by Robert Hunter Biden. (Dalton, Bartholomew). (Entered: 06/07/2024)

ORAL ORDER RE 218 The Court's Proposed FINAL Jury Instructions - IT IS HEREBY ORDERED that anything italicized or highlighted in the Court's Proposed FINAL Jury Instructions will be discussed with the parties at 8:15 AM on 6/10/2024 along with anything else the parties wish to raise with the Court regarding the Court's proposed instructions. ORDERED by Judge Maryellen Noreika on 6/7/2024. (dlw) (Entered: 06/07/2024)

Minute Entry for proceedings held before Judge Maryellen Noreika - Jury Trial Day Five as to Robert Hunter Biden held on 6/7/2024. Government rests; defendant's case begins. Court will resume at 8:15 AM on 6/10/2024. (Court Reporter Dale Hawkins.) (mdb)

RESPONSE to Defendant's Revised Substantive Jury Instruction on Good Faith re 190 Proposed Jury Instructions by USA as to Robert Hunter Biden (Hines, Derek). (Entered: 06/07/2024)

Minute Entry for proceedings held before Judge Maryellen Noreika - Jury Trial Day Four as to Robert Hunter Biden held on 6/6/2024 (Court Reporter Dale Hawkins.) (mdb)

Minute Entry for proceedings held before Judge Maryellen Noreika - Jury Trial Day Three as to Robert Hunter Biden held on 6/5/2024 (Court Reporter Dale Hawkins.) (mdb)

Letter to The Honorable Maryellen Noreika from Beth Moskow-Schnoll regarding Intervenor Press Coalition's Motion for Exemption to the Standing Order on Electronic Devices at Trial. (Attachments: # 1 The Press Coalition's Motion for Exemption to the Standing Order on Electronic Devices at Trial, # 2 Text of Proposed Order)(Moskow-Schnoll, Beth) (Entered: 06/05/2024)

Minute Entry for proceedings held before Judge Maryellen Noreika - Jury Trial Day Two as to Robert Hunter Biden held on 6/4/2024. Opening statements, government's case begins. The intervenor's motion regarding access to trial exhibits (199) is GRANTED-IN-PART. (Court Reporter Dale Hawkins.) (mdb)

RESPONSE to Defendant's Objections to Revised Trial Exhibit List by USA re 204 Exhibit List (Hines, Derek). (Entered: 06/04/2024)

PRELIMINARY Jury Instructions read to jury. (mdb) (Entered: 06/03/2024)

Minute Entry for proceedings held before Judge Maryellen Noreika - Jury Trial Day One as to Robert Hunter Biden held on 6/3/2024 (Court Reporter Dale Hawkins.) (mdb)

ORDER as to Robert Hunter Biden re 157 MOTION in Limine to Admit Certified Form 4473 and to Exclude Evidence of Annotated Form 4473 - IT IS HEREBY ORDERED that the 2021 Form is irrelevant and inadmissible under Federal Rule of Evidence 401 and it shall be excluded at trial. Signed by Judge Maryellen Noreika on 6/2/2024. (dlw) (Entered: 06/02/2024)

ORDER as to Robert Hunter Biden re 203 Joint Submission on Court's Proposed Preliminary Jury Instructions - IT IS HEREBY ORDERED that the Court will not make the additional changes requested by Defendant. Signed by Judge Maryellen Noreika on 6/2/2024. (dlw) (Entered: 06/02/2024)

Proposed Jury Instructions (Joint Submission) by Robert Hunter Biden (Dalton, Connor). (Entered: 06/02/2024)

ORAL ORDER re 200 The Court's Proposed PRELIMINARY Jury Instructions - IT IS HEREBY ORDERED that the parties shall file a joint letter on or before 8:30 a.m. on 6/3/2024 setting forth any corrections or objections to the Court's Proposed PRELIMINARY Jury Instructions. ORDERED by Judge Maryellen Noreika on 6/1/2024. (dlw) (Entered: 06/01/2024)

The Court's Proposed PRELIMINARY Jury Instructions (dlw) (Entered: 06/01/2024)

ORDER as to Robert Hunter Biden re 192 Motion to Intervene and for In-Person Access to Jury Selection - IT IS HEREBY ORDERED that the Motion to Intervene is GRANTED-IN-PART and DENIED-IN-PART. Signed by Judge Maryellen Noreika on 5/31/2024. (dlw) (Entered: 05/31/2024)

ORAL ORDER re 195 The Court's Proposed Voir Dire: IT IS HEREBY ORDERED that the parties shall file a joint letter on or before 12:00 p.m. on 5/31/2024 setting forth any corrections or objections to the Court's Proposed Voir Dire. Once the Voir Dire is finalized, the Government shall provide the requisite number of copies by 4:00 PM on 5/31/2024. ORDERED by Judge Maryellen Noreika on 5/30/2024. (mdb) (Entered: 05/30/2024)

CORRECTING ENTRY: D.I. 195 has been deleted from the docket due to it being a duplicative filing of D.I. 194. (dlw)

CORRECTING ENTRY: D.I. 194 has been deleted from the docket at the request of counsel and will be re-filed shortly using the correct event code. (dlw)

Letter to The Honorable Maryellen Noreika from Beth Moskow-Schnoll regarding Motion to Intervene and for In-Person Access to Jury Selection. (Attachments: # 1 Motion to Intervene and for In-Person Access to Jury Selection, # 2 Text of Proposed Order)(Moskow-Schnoll, Beth) (Entered: 05/29/2024)

Proposed Revised Substantive Jury Instructions by Robert Hunter Biden (Dalton, Connor). (Entered: 05/29/2024)

OFFICIAL TRANSCRIPT of Pretrial Conference held on 05/24/2024 before Judge Maryellen Noreika. Court Reporter: Dale C. Hawkins, Email: Dale_Hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 6/18/2024. Redacted Transcript Deadline set for 6/28/2024. Release of Transcript Restriction set for 8/26/2024. (dh) (Entered: 05/28/2024)

Certificate of Good Standing as to Attorney David Kolansky. (as) (Entered: 05/28/2024)

BRIEF/MEMORANDUM in Opposition by Robert Hunter Biden re 166 MOTION to Exclude Proposed Defense Experts (Attachments: # 1 Exhibit, # 2 Exhibit)(Dalton, Bartholomew) (Entered: 05/28/2024)

PROPOSED VERDICT SHEET by USA as to Robert Hunter Biden (Hines, Derek) (Entered: 05/28/2024)

REPLY TO RESPONSE to Motion by Robert Hunter Biden re 170 Response to Motion (Dalton, Connor) (Entered: 05/24/2024)

REPLY TO RESPONSE to Motion by Robert Hunter Biden re 171 Response to Motion (Dalton, Connor) (Entered: 05/24/2024)

RESPONSE to Motion by Robert Hunter Biden re 157 MOTION in Limine to Admit Certified Form 4473 an to Exclude Evidence of Annotated Form 4473 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Text of Proposed Order)(Dalton, Connor) (Entered: 05/23/2024)

ORDER Regarding Pretrial Conference and Trial. Signed by Judge Maryellen Noreika on 5/23/2024. (mdb) (Entered: 05/23/2024)

TRIAL BRIEF by Robert Hunter Biden (Dalton, Connor) (Entered: 05/23/2024)

RESPONSE to Motion by USA as to Robert Hunter Biden re 127 MOTION Enjoin The Special Counsels Investigation And Prosecution For Continuing Violations Of The Appropriations Clause (Hines, Derek) (Entered: 05/22/2024)

RESPONSE to Motion by USA as to Robert Hunter Biden re 137 MOTION in Limine (#3) to Exclude Any Statements He Made at the July 26, 2023 Hearing in this Matter (Attachments: # 1 Text of Proposed Order)(Hines, Derek) (Entered: 05/22/2024)

RESPONSE to Motion by USA as to Robert Hunter Biden re 135 MOTION in Limine (#1) to Exclude Reference to the Pending Tax Charges and Proceedings in California (Attachments: # 1 Text of Proposed Order)(Hines, Derek) (Entered: 05/22/2024)

MOTION to Exclude Proposed Defense Experts by USA as to Robert Hunter Biden. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order)(Hines, Derek). (Entered: 05/22/2024)

REPLY TO RESPONSE to Motion by USA as to Robert Hunter Biden re 153 Response to Motion in Limine to Exclude Alleged Defects in the Institution of the Prosecution of this Matter (Hines, Derek). (Entered: 05/22/2024)

REPLY TO RESPONSE to Motion by USA as to Robert Hunter Biden re 151 Response to Motion to Admit Rule 1006 Summary Chart and Find Electronic Evidence Self-Authenticating Pursuant to Rule 902 (Hines, Derek). (Entered: 05/22/2024)

REPLY TO RESPONSE to Motion by USA as to Robert Hunter Biden re 149 Response to Motion in Limine to Exclude Defense from Arguing or Suggesting that Government must show Defendant's Use of Controlled Substance on the Day of His Firearm Purchase (Hines, Derek). (Entered: 05/22/2024)

Remark: Subpoenas issued and picked up re: 139, 140, 141, 142, 143, 144, 145, 146, 147, and 148 . (oam)

CORRECTING ENTRY: Exhibit 2 attached to the motion in limine (DI 157 ) has been deleted at the request of the government. The correct version has been e-filed at DI 159 . (mdb)

Amended EXHIBIT 2 re 157 MOTION in Limine to Admit Certified Form 4473 an to Exclude Evidence of Annotated Form 4473 by USA as to Robert Hunter Biden (Hines, Derek). (Entered: 05/20/2024)

MOTION in Limine to Admit Certified Form 4473 an to Exclude Evidence of Annotated Form 4473 by USA as to Robert Hunter Biden. (Attachments: # 1 Exhibit 1, # 3 Exhibit 3, # 4 Text of Proposed Order)(Hines, Derek). Modified on 5/21/2024 (mdb). (Entered: 05/20/2024)

RESPONSE to Motion by Robert Hunter Biden re 125 MOTION in Limine to Exclude Reference to Potential Punishment, Plea Negotiations, the Diversion Agreement, or the July 26, 2023 Hearing (Dalton, Connor) (Entered: 05/20/2024)

RESPONSE to Motion by Robert Hunter Biden re 122 MOTION in Limine to Exclude Alleged Defects in the Institution of the Prosecution of this Matter (Dalton, Connor) (Entered: 05/20/2024)

RESPONSE to Motion by Robert Hunter Biden re 120 MOTION Admit Rule 1006 Summary Chart and Find Electronic Evidence Self-Authenticating Pursuant to Rule 902(14) (Attachments: # 1 Text of Proposed Order)(Dalton, Connor) (Entered: 05/20/2024)

RESPONSE to Motion by Robert Hunter Biden re 118 MOTION in Limine to Exclude Defense from Arguing or Suggesting that Government must show Defendant's Use of Controlled Substance on the Day of His Firearm Purchase (Attachments: # 1 Text of Proposed Order)(Dalton, Connor) (Entered: 05/20/2024)

SUBPOENA directed to Ronald Palimere for appearance on 6/4/24 returned UNEXECUTED. (Dalton, Connor) (Entered: 05/20/2024)

SUBPOENA directed to Millard Greer for appearance on 6/3/24 returned UNEXECUTED. (Dalton, Connor) (Entered: 05/20/2024)

SUBPOENA directed to Michael Elward for appearance on 6/3/24 returned UNEXECUTED. (Dalton, Connor) (Entered: 05/20/2024)

SUBPOENA directed to Vincent Clemons for appearance on 6/3/24 returned UNEXECUTED. (Dalton, Connor) (Entered: 05/20/2024)

SUBPOENA directed to Delaware Dept. of Transportation for appearance on 6/3/24 returned UNEXECUTED. (Dalton, Connor) (Entered: 05/20/2024)

MOTION in Limine (#3) to Exclude Any Statements He Made at the July 26, 2023 Hearing in this Matter by Robert Hunter Biden. (Attachments: # 1 Text of Proposed Order Proposed Order for Biden MIL to Exclude Reference to July 26, 2023 Statement)(Dalton, Connor). (Entered: 05/20/2024)

MOTION in Limine (#1) to Exclude Reference to the Pending Tax Charges and Proceedings in California by Robert Hunter Biden. (Attachments: # 1 Text of Proposed Order Proposed Order - Biden MIL to Exclude Reference to Tax Charges)(Dalton, Connor). (Entered: 05/20/2024)

NOTICE OF INTERLOCUTORY APPEAL of 114 Memorandum and Order denying Mr. Biden's motion to dismiss the indictment based on the Second Amendment. Appeal filed by Robert Hunter Biden. (Dalton, Bartholomew). (Entered: 05/20/2024)

Proposed Jury Instructions by USA as to Robert Hunter Biden (Hines, Derek) (Entered: 05/17/2024)

OFFICIAL TRANSCRIPT of Status Conference held on 5/14/2024 before Judge Maryellen Noreika. Court Reporter/Transcriber: Bonnie Archer, Email: Bonnie_Archer@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 6/5/2024. Redacted Transcript Deadline set for 6/17/2024. Release of Transcript Restriction set for 8/13/2024. (mdb) (Entered: 05/15/2024)

Minute Entry for proceedings held before Judge Maryellen Noreika - Status Conference as to Robert Hunter Biden held on 5/14/2024. The trial will begin on June 3, 2024 and the parties shall discuss any changes to the Court's scheduling order that are required. Defendant was not present. Appearances: D. Hines, Esq. & Leo Wise, Esq. for USA; A. Lowell, Esq., C. Kolansky, Esq., and B. Dalton, Esq. for DEFT; M. Buckson DEPUTY; (Court Reporter Bonnie Archer.) (mdb)

MOTION in Limine to Exclude Reference to Potential Punishment, Plea Negotiations, the Diversion Agreement, or the July 26, 2023 Hearing by USA as to Robert Hunter Biden. (Attachments: # 1 Text of Proposed Order)(Hines, Derek). (Entered: 05/14/2024)

MOTION in Limine to Exclude Reference to His Sobriety After Spring of 2019 and Law-Abiding Claims by USA as to Robert Hunter Biden. (Attachments: # 1 Text of Proposed Order)(Hines, Derek). (Entered: 05/14/2024)

MOTION in Limine to Exclude Evidence of Absence of Criminal Charges by Delaware State Authorities by USA as to Robert Hunter Biden. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Hines, Derek). (Entered: 05/14/2024)

MOTION to Admit Portions of Defendant's Book and Audiobook and Motion in Limine to Exclude Use of Self-Serving Statements by USA as to Robert Hunter Biden. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Hines, Derek) (Entered: 05/14/2024)

MOTION in Limine to Exclude Defense from Arguing or Suggesting that Government must show Defendant's Use of Controlled Substance on the Day of His Firearm Purchase by USA as to Robert Hunter Biden. (Attachments: # 1 Text of Proposed Order)(Hines, Derek) (Entered: 05/14/2024)

ORAL ORDER GRANTING 116 Motion to Continue - Defendant has filed a motion to continue that requests a one-day extension for the deadline to file motions in limine, thereby moving the deadline from May 13, 2024 to May 14, 2024. (D.I. 116; see also D.I. 112 (current scheduling order)). As of this order, the government has not responded. IT IS HEREBY ORDERED that Defendant's motion is GRANTED and the parties' motions in limine shall be due on May 14, 2024. ORDERED by Judge Maryellen Noreika on 5/13/2024. (dlw) (Entered: 05/13/2024)

ORAL ORDER: Defendant's counsel has represented that he is unavailable to appear at the in-person May 10, 2024 status conference set in the Court's Scheduling Order ( 112 ). Although the government objects to moving the conference, IT IS HEREBY ORDERED that the status conference is rescheduled for Tuesday May 14, 2024 at 11:00 am in Courtroom 4B. Defendant is not required to attend. ORDERED by Judge Maryellen Noreika on 5/9/2024. (mdb) (Entered: 05/09/2024)

MEMORANDUM ORDER as to Robert Hunter Biden: Defendant's motion to compel discovery and set discovery deadlines (DI 83 ) is DENIED. Signed by Judge Maryellen Noreika on 5/9/2024. (mdb) (Entered: 05/09/2024)

REPLY BRIEF/MEMORANDUM by USA as to Robert Hunter Biden re 102 MOTION to Set Pretrial Schedule Pursuant to Court Order (see Doc. No. 96) (Hines, Derek). (Entered: 04/22/2024)

BRIEF/MEMORANDUM in Support by USA as to Robert Hunter Biden re 102 MOTION to Set Pretrial Schedule Pursuant to Court Order (see Doc. No. 96) (Opposition to Defendant's Motion to Stay Proceedings at Doc. No.107) (Hines, Derek). (Entered: 04/19/2024)