Hunter Biden's Lawyers Seek New Trial Following Gun Conviction
ICARO Media Group
Hunter Biden's attorneys have submitted a request for a new trial in federal court, just under two weeks after the son of U.S. President Joe Biden was found guilty on three felony gun charges. The court documents were filed on Monday in Wilmington, Del., where the trial took place on June 17.
In the filing, Biden's legal team argues that the trial commenced prior to a circuit court officially denying the appeal for the 54-year-old. This procedural claim does not challenge the merits of the case but instead raises a technical argument. "Here, no mandate was issued during the trial or even now," the attorneys asserted. "Consequently, the conviction must be vacated."
Interestingly, the defense team previously filed a similar motion a week ago but retracted it moments later, shortly after Biden's conviction. However, they have reasserted their request in the recent filing. Additionally, the lawyers argued in a separate submission that the recent Supreme Court decision in U.S. vs. Rahimi, which upheld the federal ban on firearms for individuals under domestic violence restraining orders, strengthens their argument for an acquittal or, at the very least, a new trial.
They further contend that Biden's Second Amendment right to bear arms should not be infringed upon since he has never exhibited violent behavior or misused his gun. "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 noted. "That requires Mr. Biden's acquittal."
Looking ahead, a potential future appeal may center around the issue raised during the trial regarding the timeframe between when a drug addict stops using drugs and when they are eligible to purchase a firearm. The defense team questions the absence of clear guidelines regarding the legality of gun possession for former drug users. "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?" they posed.
Hunter Biden was convicted on charges of making false statements in connection to firearm purchases, making false statements related to record-keeping requirements, and unlawful possession of a firearm as an individual who has used controlled substances. The charges carry a potential sentence of up to 25 years in prison and fines of $750,000. However, given Biden's lack of a violent criminal history and status as a first-time offender, it is possible that he may receive a less severe sentence that does not involve imprisonment.
As of now, a date has not been set for the sentencing hearing. Meanwhile, Hunter Biden's upcoming trial in California for federal tax charges is slated to commence in September.