United States: Attorneys for Hunter Biden has requested a new trial in court papers filed on Monday, arguing that his “convictions should be vacated” because the trial began before a circuit court formally issued a mandate denying his appeal.
This is a technical argument disputing not the merits of the case, but a procedural claim. President Joe Biden is waging a long-shot bid to fight that outcome.
Attorneys for Biden wrote, “No mandate was issued here during the trial or even now. Consequently, the conviction must be vacated.”
Earlier this month, the younger Biden was found guilty on two counts of making false statements for claiming on a federal form that he was not drug addict when he bought a Colt Cobra 38SPL revolver in October 2018, as well as a third count of obtaining the firearm illegally while under the influence of drugs.
Hunter Biden’s attorneys further contended in a separate filing on Monday that their motion for an acquittal or, “at a minimum,” a new trial was supported by the Supreme Court’s ruling this week in the US. v. Rahimi, which upheld a long-standing federal ban on firearms for those under domestic violence restraining orders.
In that ruling, Chief Justice John Roberts stated that “a person who poses a credible threat to the physical safety of an intimate partner may be prohibited from possessing firearms while the order is in effect, consistent with the Second Amendment.”
Hunter Biden’s attorneys said on Monday that his Second Amendment right to bear weapons should be upheld since he has never used his pistol inappropriately or in a violent manner.