According to Fox News, Hunter Biden's legal team filed and then swiftly withdrew a motion for a new trial in his gun case in Wilmington, Delaware.
The motion argued that the court lacked jurisdiction due to pending appeals. Biden faces up to 25 years in prison across three charges in the ongoing legal proceedings.
Hunter Biden's legal team, led by attorney Abbe Lowell, filed the motion in Delaware federal court on Monday, nearly a week after Biden was found guilty on all charges related to his 2018 firearm purchase. The defense contended that the court lacked jurisdiction because two appeals in the case were still pending, and the Third Circuit appeals court had not yet issued its mandate regarding the dismissal orders of these appeals.
The motion was swiftly withdrawn from a court document website, noted as a "correcting entry" on a docket website. The initial filing argued that when the court empaneled the jury on June 3, 2024, and proceeded to trial, it was without jurisdiction due to the pending appeals. This rapid withdrawal left many wondering about the defense's strategy moving forward.
Hunter Biden was convicted last Tuesday of making a false statement in the purchase of a gun, making a false statement related to information required to be kept by a federally licensed gun dealer, and possession of a gun by a person who is an unlawful user of or addicted to a controlled substance. Prosecutors presented evidence that Biden lied on ATF Form 4473 in October 2018, denying his substance use or addiction when purchasing the gun from a store in Wilmington.
Despite pleading not guilty, Biden's defense did not dispute his long history of drug abuse, which he detailed in his 2021 memoir "Beautiful Things." Instead, the defense argued that Biden did not consider himself an active drug addict at the time of the gun purchase in October 2018, citing his stint in rehab prior to that date.
Prosecutors, however, countered with evidence of Biden's crack cocaine addiction before, during, and after the gun purchase. They highlighted text messages Biden sent to his sister-in-law turned girlfriend, Hallie Biden, about waiting for a drug dealer and smoking crack shortly after purchasing the gun.
A jury deliberated for roughly three hours over two days before finding Biden guilty on all charges. The conviction means Biden faces a maximum of 25 years in prison and fines totaling up to $750,000. However, as a first-time offender, it is unlikely that he will receive the maximum penalties when he is sentenced later this year.
The motion filed by Biden's legal team on Monday argued that the court’s actions were premature due to the pending appeals. Abbe Lowell wrote in the filing that the Third Circuit appeals court had not issued its mandate regarding the dismissal orders of the appeals. This, according to Lowell, meant that the court lacked the jurisdiction to proceed with the trial that led to Biden’s conviction.
The swift withdrawal of the motion from the court document website, described as a "correcting entry" on a docket website, left legal analysts speculating about the defense’s next steps. The move was unexpected and raised questions about the strategic legal maneuvers Biden's team might employ as they navigate the appeals process.
Hunter Biden's legal troubles have been a focal point of public and media attention, with his recent conviction drawing significant scrutiny. Biden's history of drug abuse, extensively documented in his memoir "Beautiful Things," played a critical role in the prosecution's case against him.
The defense's argument centered on Biden's belief that he was not an active drug addict at the time of the gun purchase. This was contradicted by evidence presented by prosecutors, including text messages indicating Biden's continued drug use shortly after the purchase. Lowell, Biden's attorney, emphasized the procedural errors he believed occurred during the trial, arguing that the court acted without proper jurisdiction. This argument, however, was not pursued further after the motion was withdrawn.
Hunter Biden's recent legal maneuvers highlight the intricacies of his ongoing legal battles. The defense withdrew a motion for a new trial based on jurisdictional claims, and they are now contemplating their next steps as his sentencing approaches. Biden's conviction on firearm-related charges, combined with his history of substance abuse, presents a challenging scenario of legal and personal struggles. The legal journey of the President's son continues to be a topic of significant interest and debate among prominent figures and the public.
