Convicted felon Hunter Biden to seek new trial in Delaware gun case

No surprise, convicted felon Hunter Biden is seeking a new trial in his Delaware gun case, arguing that a Delaware court did not have jurisdiction over the case when it proceeded to trial.

Biden’s legal team asked a judge on Monday to scrap his recent conviction of three felonies for lying about his drug use on a federal form to purchase a revolver in 2018, the Washington Examiner reported.

In what the newspaper deemed a “longshot argument,” Biden’s attorneys claim that the court proceeded with the trial despite allegedly not having the authority to do so, basing their assertion on appeals filed ahead of his trial with the 3rd U.S. Circuit Court of Appeals not being fully addressed.

The Examiner reported, “Biden had asked the appellate court to drop his charges before his trial, and the appellate court dismissed his appeals but did not issue ‘mandates’ on their orders, Biden’s defense team argued.”

“Thus, when this [district] Court empaneled the jury on June 3, 2024, and proceeded to trial, it was without jurisdiction to do so,” Biden’s attorneys wrote.

In a separate legal filing, Biden’s lawyers also argued “that passages in a recent Supreme Court ruling upholding restrictions for individuals under a restraining order for domestic violence to own firearms also lend themselves to an acquittal in the case, or ‘at a minimum’ a new trial,” Axios reported.

Biden faces up to 25 years in prison over the three gun charges, but as a first-time offender, it’s unlikely that he will receive the maximum sentence — at worst, he could spend a few months behind bars. After the verdict, presiding Judge Maryellen Noreika indicated that sentencing would be scheduled about four months after conviction.

Lead attorney Abbe Lowell vowed to “vigorously pursue all the legal challenges available” after Biden’s conviction. In addition to Monday’s efforts, a motion seeking an acquittal has reportedly also been filed. An appeal, yet to be filed, offers another legal option.

In addition to the gun charges, Special Counsel David Weiss is also pursuing a tax crimes case against Biden in California. That case is set to go to trial in September.

Tom Tillison


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