According to a transcript of Tuesday’s proceedings released hours after court concluded, at attorney for Hunter Biden told the judge during a sidebar conversation that he might decide to call Hunter Biden’s oldest daughter, Naomi Biden, to testify at trial “if need be.”
Attorney Abbe Lowell made the statement during what appeared to be a tense exchange between him, Judge Maryellen Noreika and two government prosecutors, in which Lowell divulged his expectations for witnesses.
When prosecutors suggested Lowell was hiding the ball on how he planned to present certain evidence, Lowell first introduced the idea of calling one of Hunter Biden’s daughters as a witness:
MR. HINES: Exactly, we have asked Mr. Lowell and he won’t tell us.
MR. LOWELL: That’s not what I said.
MR. HINES: He couldn’t tell us which witness.
MR. LOWELL: I said I’m making a proffer and the court — I understand the rules, each one of these will be submitted with a witness, I don’t have to tell them in advance which witness it is, but I am making a statement to the Court, there is three or four witnesses, including his uncle and his daughter, if need be.
Lowell later clarified that Naomi Biden, Hunter Biden’s daughter with ex-wife Kathleen Buhle, and the president’s eldest granddaughter, was on his witness list.
Lowell also left the door open for Hunter Biden to testify “if it gets to that,” a gamble that would put his client in the position of facing live cross-examination from federal prosecutors. It came during a discussion about how Lowell planned to demonstrate that Hunter Biden read the ATF Form 4473 “carefully.”
THE COURT: Wait. Just so I’m clear, are you going to suggest that he did in fact read these things or just that if he had chosen to and didn’t tell them.
MR. LOWELL: Both.
THE COURT: What is your evidence going to be that he did in fact read all of these things carefully?
MR. LOWELL: If it gets to that judge, then it will be Mr. Biden’s job to say that.
During a debate at the same bench conference about an argument Lowell intended to make in his opening statement, Judge Maryellen Noreika called the defense attorney for interrupting her.
MR. LOWELL: That’s not the argument judge.
THE COURT: That is what it sounds like you’re telling me, you’re saying he doesn’t know what it was.
MR. LOWELL: No.
THE COURT: You keep cutting me off, and you want to make your argument, and I know you want to make your argument, but you need to understand it, so you need to understand where I am.
The judge later told Lowell, “Don’t put words in my mouth.”
“I know you’re just trying to zealously represent your client,” she said, “but don’t assume my ruling before you give me a chance to make it.”
