Hunter Biden's attorney sought to cast doubt on the government's narrative during his opening statement, claiming that Hunter Biden was not actively using drugs at the time of his gun purchase and therefore did not "knowingly" lie on the federal form barring drug users from procuring a firearm.

"He did not knowingly violate these laws," attorney Abbe Lowell said, since there was "nothing on the form about the definition of a user."

Lowell told the jury that Hunter Biden was using alcohol at the time of the gun purchase, but that his drug use "did not start until later."

The attorney said that while Hunter Biden was in Delaware, where he purchased the gun, his behavior was "totally inconsistent" with how he presented it when he was on drugs.

"He spoke with his father, his uncle, his daughters," Lowell said, suggesting they would have noticed if he was "smoking crack every 15 minutes," as he described in his 2021 memoir, "Beautiful Things."

"There is no such thing as a high-functioning crack addict," Lowell said.

Lowell told the jury that Hunter Biden had entered a 12-day rehab program in California before returning to Delaware in the fall of 2018, just a week before the gun purchase, shepherded by his "Uncle Jimmy Biden," who Lowell suggested will testify at trial.

Lowell also pushed back on one of the government's key pieces of evidence -- a text Hunter sent to his then-romantic partner Halle Biden days after purchasing the gun, in which he claimed to be "on a car" smoking crack. Prosecutors said this was evidence that he was using drugs at the time, but Lowell said that, "in reality, he did not want to see Hallie."

As part of the defense, Lowell also appeared to shift some blame to the owners and employees at the gun store where Hunter Biden purchased the gun, saying they "wanted to make a sale."

Lowell claimed that Hunter Biden first purchased a BB gun and a knife at the store, and only purchased the gun after they approached him.

"Hunter wouldn't have known what a speedloader was," said Lowell, who also claimed the salesman never "took Hunter through" the form to ensure he understood it.

"How quickly does a person check through those boxes?" Lowell asked jurors.

Lowell also pushed back on allegations involving the gun pouch that was found with the firearm after Hallie Biden threw the gun it in a dumpster. Prosecutors allege that the pouch had cocaine residue on it, but Lowell said it was never checked for fingerprints and called into question its chain of custody.

"Hunter has never asked anyone to excuse his mistakes," Lowell said, before asking jurors to find him not guilty.

As Lowell delivered his opening statement, first lady Jill Biden, Hunter Biden's wife Melissa Cohen Biden, and his half-sister Ashley Biden sat largely stoic in the gallery. Hunter Biden kept his eyes on Lowell and his hands clasped. Jurors paid close attention, with several taking notes.

Government prosecutors told jurors in the trial's opening statements that they should make "no distinction for Hunter Biden or anybody else" as they weigh the gun case against the president's son.

Hunter Biden "chose to lie," prosecutor Derek Hines said, laying out the case that the defendant purchased a gun while knowing he was an addict and drug user.

Hines said Hunter Biden bought the firearm from a gun seller who will testify as a witness that the younger Biden filled out form 4473 -- consenting to a federal background check -- and certified that he understood the form. The prosecution said it will show Hunter Biden "bought a gun and lied during a background check."

The man who sold Hunter Biden the gun will testify that he watched the defendant fill out the form.

The gun was then "taken by someone concerned he had a gun. That person was Halle Biden," Hines said, referring to Hunter Biden's romantic partner at the time.

Halle Biden disposed of the gun in a dumpster, where it was retrieved by a man who will also be a witness called by the government.

"The police were called" when Halle Biden went to retrieve the gun, Hines said.

Hines, in his opening, said evidence will show that "Hunter Biden knew he was a drug user and a drug addict" when he filled out the form.

Hines cited Hunter Biden's memoir, "Beautiful Things," in which he wrote he had a "superpower of buying crack anywhere, anytime."

In text messages presented by the prosecution, Hunter Biden acknowledged, "I am an addict."

Opening statements got underway in Hunter Biden's gun trial after nearly an hour-long delay.

The jury was seated just before 10 a.m.

"No one is above the law," prosecutor Derek Hines said in his opening statement, addressing the jury from the lectern.

"It doesn't matter who you are or what your name is," Hines told them.

Judge Maryellen Noreika took the bench this morning and announced they had "lost" one juror overnight after she "begged" to be released due to travel difficulties.

"We lost a juror overnight," Judge Noreika said, noting the juror explained she lives far away and does not have a car. Noreika did not specifically address how they would be moving forward, but there are four alternates who were seated yesterday as part of the jury.

Opening statements had still not gotten underway as of 9 a.m., as the court was still awaiting the arrival of four of the jurors.

Judge Noreika used the time to address a number of motions, including rejecting a motion from Hunter Biden's attorney Abbe Lowell seeking to exclude from evidence a number of photos of Hunter Biden.

The government said they needed a photo to prove Hunter Biden was in Malibu at a particular time, and the judge agreed to admit it.

First lady Jill Biden was back in her same front-row seat as yesterday, seated between Hunter Biden's wife Melissa and Jill Biden's daughter Ashley Biden.

Attorneys for Hunter Biden, in their cross-examination of FBI Special Agent Erika Jensen, attempted to push back on prosecutors' contention that Hunter Biden was abusing drugs at the time he said on a gun-purchase form that he was drug-free.

A key piece of evidence comes from Hunter Biden's 2021 memoir, in which he described his "relapse" just weeks after leaving rehab in August -- just six weeks before purchasing the firearm.

"I stayed clean for two weeks then relapsed," Hunter Biden wrote in his book.

Defense attorney Abbe Lowell, on cross-examination, questioned the assumption that Hunter Biden's relapse implied that he was referring to his drug use -- suggesting instead that he was referring to his alcohol addiction.

"When he was referring to that in his book, was he talking about relapsing to drugs and alcohol, or do you know what he meant?" Lowell asked.

"I can only state what was stated," Jensen said.

"Which is, 'Then I relapsed?'" Lowell asked.

"Just what it says, 'I relapsed,'" Jensen replied.

Jensen also acknowledged that she could not verify that Hunter Biden was continuously using drugs from 2015 to 2019, saying, "My recollection is that there are excerpts where he was principally occupied with smoking crack cocaine. I didn't get the sense that it was the entire history."

"Meaning that there were periods of time that he was not?" Lowell asked.

"I think there -- including the period in August where we have some invoices for rehab, that there were periods where there was not," Jensen said.

It was an important moment for the defense, as Lowell managed to establish that Hunter Biden's use of drugs was not consistent -- cuing up his argument that the president's son was not on drugs at the time of his firearm purchase.

Prosecutors also entered into evidence records related to enormous cash withdrawals Hunter Biden made -- more than $150,000 from September through November of 2018, including a $5,000 withdrawal on the day he purchased the gun. Prosecutors suggested this cash was used to procure drugs; Lowell, on cross-examination, established that Hunter Biden paid $900 in cash for the weapon and accessories.

Court was subsequently recessed for the day, with Lowell's cross-examination of Jensen scheduled to resume Wednesday morning.

Prosecutors suggested that Hallie Biden would be the next witness after Jensen, making it likely that the first Biden family member to testify will take the stand at some point tomorrow.