Lawyers representing Hunter Biden have made a formal request for a new trial for their client, arguing that the court in Delaware that convicted him did not have the proper 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 filing submitted on Monday, Biden’s legal team did not contest the specifics of the case but rather asserted that their client should receive a new trial for all charges due to the court lacking jurisdiction because of pending rulings in Hunter’s federal appeals case.
Attorney Abbe Lowell, representing Biden, pointed out that the judge overseeing the case has not yet issued a formal mandate denying one of the appeal attempts filed by Biden, which is necessary for the appellate court’s decision to become final.
Furthermore, Biden’s lawyers argued in another submission on Monday that his conviction was in doubt following a recent Supreme Court ruling on firearm possession concerning domestic abusers. The lawyers contended that since there was no judicial determination of Biden’s “dangerousness” and the recent ruling rejected the argument that drug use justifies disarmament, Biden should be acquitted or granted a new trial.
A sentencing date for Biden has not been set yet. Although he faces a maximum of 25 years in prison, federal sentencing guidelines suggest he may receive up to 21 months as a first-time offender.
Related: Juror in Hunter Biden case speaks out, says president’s son shouldn’t go to jail
