The judge presiding over Hunter Biden’s federal gun case in Delaware ruled Friday that prosecutors on Special Counsel David Weiss’ team cannot use some salacious evidence in the first son’s criminal trial next month, including references to his U.S. Navy discharge and the child support case for his out-of-wedlock daughter in Arkansas.

The court met for its final hearing before jury selection begins on June 3. Fox News has previously reported that prosecutors planned to use portions of his book and laptop, including photos, to convince a jury that the first son is guilty of making false statements on a federal form when he purchased a revolver in 2018, while actively using narcotics. Hunter Biden has pleaded not guilty to the charges.

Judge Maryellen Noreika said Friday that Weiss must show Hunter Biden was addicted to drugs — but not necessarily using drugs the day he purchased the gun.

Noreika said the government may use part of Hunter Biden’s book where he discusses his addiction to drugs.

The prosecution does not plan to bring out entire infamous laptop containing details of Hunter Biden’s life, but will introduce certain portions. Noreika ruled that Hunter’s team will be able to question aspects of the laptop in front of the jury. The laptop, which leaked in 2020 just before the presidential election, was decried as Russian disinformation by 51 former intelligence officials.

In court documents filed Friday morning, Biden’s defense attorneys asked the court to block certain salacious details of his life from being shown to the jury to avoid “significant risk of unfair prejudice.”

In what is called a “motion in limine,” Biden asked the court “to exclude reference to the child support proceedings in Arkansas and reference to his discharge from the Navy.” This is in reference to the child Biden fathered out-of-wedlock with ex-stripper Lunden Roberts, whose daughter is President Biden’s grandchild.

Acknowledging that some of the evidence prosecutors wish to bring forward may be relevant to the case, including purported drug purchases, ATM withdrawals, and the purchase of the revolver, Biden’s lawyers said other details like references to money allegedly spent on “adult entertainment, online chat rooms, or escort services are not relevant to the charges.” 

“Characterizing or referencing unnecessary salacious details — such as how much things cost, whether they are upscale, or citing expenses concerning collateral alleged sexual conduct unrelated to the charges here — are the exact type of prejudicial, inflammatory evidence that has a tendency to make a conviction more likely because it provokes an emotional response in the jury,” the defense argued.

“Accordingly, Mr. Biden respectfully requests that this Court grant his Motion in limine to exclude any reference to an ‘extravagant’ or ‘lavish’ lifestyle during periods of his addiction,” his lawyers wrote.

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Noreika agreed in part, and ruled that the special counsel cannot use the phrase “extravagant lifestyle,” but can include evidence he was spending a lot of money.

Noreika also ruled that the special counsel cannot discuss Hunter Biden’s discharge from the U.S. Navy. Hunter was discharged from the Navy in 2014 after testing positive for cocaine.

Noreika also said Weiss cannot use Hunter Biden’s comments from the day he initially pleaded guilty as part of a collapsed plea deal. Weiss also is barred from using the phrase “extravagant lifestyle,” but can include evidence that the first son was spending a lot of money.

According to Weiss’s gun indictment, Hunter Biden bought a Colt Cobra revolver on Oct. 12, 2018, and “knowingly made a false and fictitious written statement, intended and likely to deceive that dealer with respect to a fact material to the lawfulness of the sale of the firearm… certifying he was not an unlawful user of, and addicted to, any stimulant, narcotic drug, and any other controlled substance, when in fact, as he knew, that statement was false and fictitious.”

The indictment also charges Hunter Biden for possessing that firearm — which was “shipped and transported in interstate commerce” — for nearly a week despite being addicted to narcotics.

With all counts combined, the total maximum prison time for the 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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H/T Fox News (

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