Hunter Biden Requests New Trial After Conviction in Gun Case
Hunter Biden, the eldest living son of President Joe Biden, has formally requested a new trial following his recent conviction on three felony counts related to a handgun purchase while he was using crack cocaine. His legal team, led by attorney Abbe Lowell, filed a motion on Monday arguing that the Delaware court lacked jurisdiction to proceed with the trial due to pending rulings in his appeals case.
Earlier this month, Hunter Biden was found guilty on two counts of making false statements on a federal form by claiming he was not addicted to drugs at the time of purchasing a Colt Cobra 38SPL revolver in October 2018. He was also convicted on a third count of illegally obtaining the firearm while being a drug user. The charges carry a maximum sentence of 25 years in prison, although first-time offenders rarely receive the maximum penalty. No sentencing date has been set.
In the court filing, Lowell contended that the trial should not have proceeded because a federal appeals court had not yet issued a formal mandate denying one of Biden’s appeals. “Naturally, any district court action taken after it has been divested of jurisdiction by an appeal must be vacated,” Lowell wrote. “Mr. Biden’s convictions should be vacated because the court lacked jurisdiction to proceed to trial.”
In a separate filing, Biden’s lawyers referenced a recent Supreme Court ruling in U.S. v. Rahimi, which upheld a federal ban on firearms for individuals under domestic violence restraining orders. They argued that this ruling supports their motion for an acquittal or, at the very least, a new trial. Chief Justice John Roberts, in the Rahimi decision, stated that when “an individual poses a credible threat to the physical safety of an intimate partner, that individual may — consistent with the Second Amendment — be banned from possessing firearms while the order is in effect.”
Hunter Biden’s legal team argued that since he never acted violently or misused his gun, his Second Amendment right to bear arms should remain intact. “Here, the jury did not find Mr. Biden ever terrorized anyone with a gun in public, or anywhere else, or used it dangerously in any way,” the attorneys wrote. “That requires Mr. Biden’s acquittal.”
The legal team also raised questions about the timeline for when a former drug addict can legally purchase a firearm. They argued that the law does not clearly define how long after ceasing drug use an individual can exercise their right to own a gun. “Where is this line that separates not only what is legal from what is illegal, but where the exercise of a constitutionally protected right becomes a felony? How does a person have fair notice of when he or she is allowed to possess a firearm if they used a prohibited substance a day, a week, a month or, as the Special Counsel argued, years before? This Court has not said,” they argued.
The case against Hunter Biden has been fraught with legal and procedural complexities. He was indicted last September after a plea deal fell apart due to disagreements between his lawyers and prosecutors over the potential for future charges. Biden pleaded not guilty to lying on a federal form to purchase a gun by stating he was not a drug user, lying to a federally licensed firearm dealer, and illegally possessing the gun for 11 days. The prosecution heavily relied on Biden’s memoir, “Beautiful Things,” in which he detailed his drug addiction and use around the time he bought the gun. Biden’s daughter and three of his exes were called to testify during the trial.
Despite the conviction, legal experts suggest that it is unlikely Hunter Biden will serve jail time. The three charges carry potential fines up to $750,000, but the president has stated he will not use his power to pardon or commute his son’s sentence.
The request for a new trial is seen as a long-shot bid to overturn the conviction. However, the procedural argument that the trial commenced before a circuit court formally issued a mandate denying his appeal could potentially hold weight. “Here, no mandate was issued during the trial or even now,” Biden’s attorneys wrote. “Consequently, the conviction must be vacated.”
As the legal battle continues, the case remains a focal point of public and political scrutiny. The outcome of the request for a new trial could have significant implications not only for Hunter Biden but also for the broader legal interpretations of gun ownership rights and the jurisdictional authority of courts during pending appeals.
Source: The Guardian, Forbes
