Lawyers representing Hunter Biden have formally requested a new trial for their client, arguing that the court in Delaware that convicted him lacked jurisdiction over the case.
On June 11, a jury unanimously found the president’s son guilty of three felony charges related to lying about his drug use on a federal gun-purchase form in 2018. The charges stated that Biden would have been ineligible to purchase the gun if he had disclosed his drug use.
In their motion filed on Monday, Biden’s legal team did not delve into the specifics of the case but argued that their client should be granted a new trial for all charges due to the court lacking jurisdiction as a result of pending rulings in Hunter’s federal appeals case.
Referring to two unsuccessful appeal attempts made by Biden to halt the trial, Attorney Abbe Lowell highlighted that the judge overseeing his client’s case had not issued a formal mandate denying one of the appeals. Lowell stated, “It is well-established that ‘[t]he action of a court of appeals does not become final until its mandate is issued.’ Any district court action taken after the court has lost jurisdiction due to an appeal must be voided.”
Related: Juror in Hunter Biden case speaks out, says president’s son shouldn’t go to jail
In a separate filing on Monday, Biden’s legal team argued that their client’s conviction was in doubt and necessitated either an acquittal or a new trial, at the very least, due to a recent Supreme Court decision regarding firearm possession.
The recent ruling in U.S. v. Rahimi affirmed a federal prohibition on domestic abusers owning guns, stating that individuals deemed a threat to another’s safety could be temporarily disarmed in line with the Second Amendment.
Biden’s attorneys contended that since there was no judicial determination of his “dangerousness” and the Rahimi case explicitly dismissed the notion that drug use justified disarmament, Biden should be granted an acquittal or a new trial.
A sentencing date for Biden has not been set. While he faces a maximum of 25 years in prison, it is likely he will receive up to 21 months as a first-time offender, per federal sentencing guidelines.
