Hunter Biden files then withdraws motion for new trial on federal gun charges

President’s sole surviving son was convicted on three felony counts in June

John Bowden
Washington DC
Monday 17 June 2024 19:28 BST
Hunter Biden leaves federal court in Delaware hand in hand with the First Lady and his wife

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Attorneys for Hunter Biden want a new trial for the incumbent president’s son, they argued in a motion filed Monday that a federal court in Delaware did not have jurisdiction to hear the case. The motion, however, was quickly withdrawn by the counsel, leaving open the possibility that it will be re-filed with corrections later.

Hunter Biden, 54, was convicted on all three counts against him after just a short deliberation by jurors last week. He was charged with lying on an application for the purchase of a firearm by omitting his history of drug abuse on the paperwork.

In the original filing of the application, lawyers for the younger Biden argued that the appeals court had not issued the order denying their client’s appellate bid to have the charges dismissed.

Penned by Abbe Lowell, it stated that “the Third Circuit, however, did not then and has not yet issued its mandate as to the orders dismissing either appeal, Thus, when this Court empaneled the jury on June 3, 2024 and proceeded to trial, it was without jurisdiction to do so.”

The Independent has reached out to Hunter Biden’s attorneys for comment.

Hunter Biden, 54, was convicted last week on three felony counts related to accusations that he lied about his drug use on an application to purchase a firearm
Hunter Biden, 54, was convicted last week on three felony counts related to accusations that he lied about his drug use on an application to purchase a firearm (AP)

The effort by Hunter Biden to play legal checkers with his conviction presents yet another awkward situation for the White House and the presidential campaign of Joe Biden, which are confronted by the realities of the conduct of the president’s adult son and his efforts to dodge the repercussions of a deception which many of Biden’s own supporters say that Hunter is obviously guilty of committing. It couldn’t come at a worse time for the incumbent president, who is seeking to distinguish himself from his 2024 opponent Donald Trump and the 34 felony counts on which Trump was just convicted in New York.

Joe Biden has publicly said that he would not pardon his son were he to be convicted (and the convictions upheld.) He has faced questions from reporters regarding whether he’d work around that promise by commuting his son’s sentence, which has not yet been set by a judge.

“I will accept the outcome of this case and will continue to respect the judicial process as Hunter considers an appeal,” the president said in a statement last week. “Jill and I will always be there for Hunter and the rest of our family with our love and support.”

'No one is above the law': Biden on Trump conviction

Hunter added in his own statement after the conviction: “I am more grateful today for the love and support I experienced this last week from Melissa, my family, my friends, and my community than I am disappointed by the outcome. Recovery is possible by the grace of God, and I am blessed to experience that gift one day at a time.”

The president’s son has long been a bogeyman for the Republican Party, which has sought to paint the Biden family as corrupt and guilty of various crimes. They have done so even as the GOP’s standard-bearer, Trump, has increasingly become mired in his own scandals and legal troubles.

Ariana Baio contributed to reporting

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