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Hunter Biden Ends Effort to Overturn Felony Verdict

 July 10, 2024

Hunter Biden, the son of President Joe Biden, has withdrawn his request for a retrial after being found guilty on federal gun charges last month.

The first son's bid for a new trial was previously blasted by Special Counsel David Weiss, who had called it "meritless," and it will no longer move forward, as the Washington Examiner reports.

Details of the Gun Charge Conviction

Hunter Biden was convicted on June 11 of three counts related to providing false information regarding his illegal drug use when he purchased a handgun in 2018. This conviction makes him the first child of a sitting U.S. president to be convicted of a felony offense. Despite the charges, Hunter Biden continues to deny any wrongdoing.

His decision to seek a new trial was based on his belief that the federal court in Delaware, where his case was tried, did not possession jurisdiction over the case.

Arguments Over Court Jurisdiction

The motion for a new trial contended that appeals filed by Hunter Biden with the 3rd U.S. Circuit Court of Appeals had not been completely addressed. This led to questions about the court's jurisdiction over the case.

Special Counsel David Weiss, however, argued against this claim, stating that the motion was “meritless.” According to Weiss, the 3rd Circuit had granted Judge Maryellen Noreika the authority to preside over Hunter Biden’s case.

Prosecutors working with Weiss’s office noted that Biden’s motion was founded on his belief that a formal mandate from the 3rd Circuit was necessary for the trial. The 3rd Circuit had previously indicated "in Lieu of Mandate" that the trial was authorized to proceed.

Special Counsel's Firm Rejection

The special counsel's office released a statement highlighting the flaws in Biden’s motion. “The defendant’s motion is meritless and is based on his apparent misunderstanding of appellate practice,” the statement read. They further emphasized that this misunderstanding stemmed from Hunter Biden’s failure to properly interpret the 3rd Circuit’s orders issued before the trial, which clearly allowed the trial to move forward.

This clarification effectively nullified Hunter Biden’s assertion that the trial court lacked the necessary jurisdiction. According to Weiss, there was no requirement for a formal mandate from the Third Circuit for the trial to be legitimate.

Prosecutors' Elaborate Justification

The prosecutors elaborated on their stance that the trial did not need a formal mandate. “[Hunter Biden’s] motion is based on his belief that prior to his trial, the Third Circuit was required to issue a formal mandate,” they articulated. They pointed out that the Third Circuit had already provided sufficient authorization for the trial through their mention "in Lieu of Mandate."

As a result, Special Counsel Weiss maintained that the withdrawal of Hunter Biden’s motion for a new trial was the appropriate course of action given the circumstances.

Plans for Future Legal Actions

Despite the setback, Hunter Biden's legal team, led by prominent attorney Abbe Lowell, has announced plans to appeal the conviction. This suggests that the legal battle over the 2018 gun purchase is far from over.

The appeal process could open up further discussions about the trial proceedings and Hunter Biden's actions during the purchase of the firearm in question.

Member of his legal team remains steadfast in their efforts to challenge the felony conviction, which has garnered significant media attention due to Hunter Biden's relationship to the sitting president.

Implications of the Withdrawal

The withdrawal of the motion for a new trial marks an important juncture in Hunter Biden’s legal challenges. It underscores the tough position in which he and his legal team find themselves, having to navigate through complex appellate procedures to challenge the conviction.

However, the determination to continue fighting the charges through appeals demonstrates their ongoing commitment to overturning the conviction.

The focus now shifts to the upcoming appeals and how they will shape Hunter Biden's legal future.

Conclusion of the Legal Battle

In summary, Hunter Biden recently withdrew his bid for a new trial after Special Counsel David Weiss dismissed it as meritless.

Despite his conviction on federal gun charges, Hunter's legal team, led by Abbe Lowell, has announced plans to appeal.

This development follows arguments regarding the federal court's jurisdiction and authorization by Judge Maryellen Noreika. The appeal process is expected to continue the legal battle concerning Hunter Biden's 2018 handgun purchase.