In a recent development, Hunter Biden is seeking a new trial in his federal gun case. His legal team argues that there was a procedural flaw in the timing of the trial, which led to a guilty verdict against him.
The defense claims that the trial court lacked jurisdiction over the case due to pending appeals challenging Biden’s prosecution. Despite the appeals court rejecting these appeals before the trial began, no formal mandate had been issued to notify the lower court of the higher court’s ruling.
Biden’s lawyers are emphasizing the importance of this missing mandate, which would send the case back to the trial court after the 3rd US Circuit Court of Appeals ruled against his appeals in late May.
“The Third Circuit…did not then and has not yet issued its mandate as to the orders dismissing either appeal,” stated Biden’s legal team. “Thus, when this Court empaneled the jury on June 3, 2024, and proceeded to trial, it was without jurisdiction to do so.”
Despite these arguments, US District Judge Maryellen Noreika had previously expressed that Biden’s appeals would not strip the court of its jurisdiction.
It is worth noting that Biden’s lawyers initially filed a request for a new trial on June 17 but later withdrew the filing from the docket.
