(PatriotWise.com) — Attorneys representing Hunter Biden last week filed a motion seeking a new trial on the federal gun charges, arguing that the trial court did not have the jurisdiction to try the case.
In a motion filed last Monday with the US District Court for the District of Delaware, Biden’s attorneys argued that the trial court empaneled a jury and held the trial “without the jurisdiction to do so” because a procedural process required after an appellate court rejected the defense’s appeals of the judge’s pre-trial rulings was not followed.
The president’s son was convicted in a Delaware federal court on June 11 after only three hours of jury deliberations on all three felony charges related to Biden falsely attesting on a federal gun-purchasing form that he was not an addict and did not use illegal drugs.
In their motion for a new trial, Hunter’s attorneys called for the conviction to be voided, arguing that even though the appeals court rejected the defense’s appeals of US District Judge Maryellen Noreika’s rulings on some pre-trial motions, it did not formally issue a “mandate”—a procedural process in which an appellate court formally notifies the trial court of its decision and sends the case back.
They argued that following its decision to reject two appeals by the defense in late May, the US Court of Appeals for the Third Circuit did not issue a formal mandate to send the case back to the District Court in Delaware.
The attorneys noted that the Third Circuit Court of Appeals still had not issued the mandate when the trial judge empaneled the jury in early June and started the trial, and argued that this meant the trial court was “without jurisdiction” to hold the trial.
Judge Noreika previously said that none of the appeals the defense filed on her pre-trial rulings would “independently divest” the court of jurisdiction to try the case.
Hunter’s defense initially filed the new trial motion the Monday following the verdict but quickly withdrew it.
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