Hunter Biden is seeking a new federal gun trial for supposed jurisdictional issues during the criminal trial that resulted in his conviction earlier this month.
Biden’s attorneys filed a motion for a new trial on Monday, arguing the Delaware federal court lacked jurisdiction over his gun trial because an appellate court had not filed mandates after disregarding Biden’s attempts to have his gun charges dismissed.
“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,” Biden’s attorneys assert. They proceed to cite case law to substantiate their claim.
They also claim that the third circuit’s ability to issue a mandate giving jurisdiction to the Delaware district court does not invalidate their argument.
“That the Third Circuit may later issue a mandate returning jurisdiction to this Court, after a 7-day trial resulting in a three-count conviction, does not change the fact that the trial proceeded before jurisdiction was returned to this Court,” the motion states.
A Delaware jury found Hunter Biden guilty of three federal gun charges earlier this month after three hours of deliberations. Two of Biden’s charges stemmed from lying about his crack cocaine addiction on gun paperwork, and the third charge was for possessing the firearm while he was addicted to crack cocaine.
The prosecution presented “overwhelming evidence” against Biden in the form of witness testimony, texts, photos, videos, memoir excerpts, bank records, and other exhibits. Biden’s defense team tried to defend him by arguing his behavior changed around the time of the gun purchase, but the prosecution severely limited the credibility of those claims.
Before the trial ended, Hunter Biden’s attorneys filed an acquittal motion to have the gun charges thrown out. The acquittal claims are based on constitutional arguments, legal claims about his third gun charge, and a dispute related to the quality of the prosecution’s evidence.
Federal prosecutors said in court filings last week the Supreme Court’s Rahimi ruling strengthened their legal argument against Biden’s Second Amendment claim and scoffed at Biden’s attorneys attempt to have his third charge tossed because of legislation signed by President Joe Biden, Hunter’s father, increasing the penalties attached to it.
The Supreme Court ruled 8–1 in United States v. Rahimi last week that an individual with domestic-violence restraining orders cannot buy firearms. The court’s majority clarified in the Rahimi opinion that it did not apply to dangerous people across the board.
Two years ago, the Supreme Court established in New York State Rifle & Pistol Association v. Bruen that gun regulations must be consistent with America’s historical tradition. President Biden strongly opposed the Bruen ruling, in unison with the Democratic party’s support for stringent gun regulations.
“The Supreme Court’s decision last Friday in United States v. Rahimi, No. 22-915 (U.S. June 21, 2024), upheld 18 U.S.C. § 922(g)(8) against a Second Amendment challenge, but its analysis made equally clear that Section 922(g)(3) of the same statute is unconstitutional,” Biden’s attorneys said in a separate court filing on Monday.
The statute they are referring to, 18 U.S.C. § 922(g)(3) was used to charge Hunter Biden for possessing the firearm.
“The Supreme Court again emphasized that firearm possession is presumptively a constitutional right and the only valid exceptions must be analogous to a historical exception that existed when the Second Amendment was adopted,” Biden’s attorneys added.
They filed additional court papers to elaborate on their claim that Biden’s third charge amounts to a non-crime because the statute was changed.
Judge Maryellen Noreika appeared skeptical of the acquittal claims when Biden’s lead defense attorney, Abbe Lowell, announced it during the trial, as NR previously reported.
Hunter Biden’s sentencing is set to take place later this year. President Biden said after his son’s conviction that he would not issue a pardon or commute Hunter’s sentence.
Special counsel David Weiss and his team of prosecutors are also prosecuting Hunter Biden on nine federal tax charges for allegedly failing to pay over $1.4 million of taxes over a four-year period. Hunter Biden is set to stand trial again in September for the tax charges.