Hunter Biden’s lawyers asked Monday for a new trial based on a technicality following the first son’s conviction last week on charges he lied about his drug use to buy a gun — only to scrap the request minutes later.
The 54-year-old’s lawyers initially filed papers in Delaware federal court Monday morning saying trial judge Maryellen Noreika didn’t have jurisdiction over Hunter’s case due to pending rulings by the Philadelphia-based Third Circuit Court of Appeals.
Noreika had rejected multiple motions to toss the charges against Hunter, including the defense argument that the case should be dismissed on the grounds that it violated the first son’s Second Amendment rights.
A three-judge panel upheld Noreika’s rulings, but the appeals court still has not ruled on a request by to have the question reconsidered by the full Third Circuit.
“The Third Circuit, however, did not then and has not yet issued its mandate as to the orders dismissing either appeal,” Hunter’s lawyer Abbe Lowell wrote in the filing. “Thus, when this Court empaneled the jury on June 3, 2024 and proceeded to trial, it was without jurisdiction to do so.”
Moments later, however, it appeared that the motion had been rescinded.
Hunter Biden’s lawyers filed a motion for a new trial in his federal gun case — before deleting the request minutes later. JIM LO SCALZO/EPA-EFE/Shutterstock
Biden was found guilty of lying about his drug use when purchasing a gun. US District Court of Delaware
Drug paraphernalia and alcohol seen on Biden’s table in a photo from the court exhibits in the trial. US District Court of Delaware“The Motion for a New Trial… has been deleted at the request of counsel,” a note in the court docket said.
It was not immediately clear why the motion was withdrawn.
The Third Circuit rejected one of Hunter’s appeals on May 9, finding it couldn’t make a ruling before trial.
The appellate court on May 28 also shot down the Biden scion’s other bid to toss the three gun charges he faced, finding that it couldn’t rule before a jury verdict.
Hunter, 54, was found guilty June 11 of falsely claiming he didn’t use drugs when he bought a .38-caliber Colt Cobra revolver on Oct. 12, 2018, when he was actually hooked on crack cocaine at the time.
Hallie Biden leaving federal court after testifying in her brother-in-law’s trial. Photo by Kevin Dietsch/Getty Images
Surveillance footage shown in court of Hallie Biden disposing of Hunter’s gun. US District Court of Delaware
President Biden embracing Hunter hours after he was convicted. Photo by ANDREW CABALLERO-REYNOLDS/AFP via Getty Images
Hunter Biden seen on June 14, 2024. Rafael Fontoura for NY PostHe faces up to 25 years behind bars at his sentencing. Noreika has yet to set a sentencing date.
A spokesperson for special counsel David Weiss’ office declined to comment.
Lowell didn’t immediately return a request for comment on why he withdrew the motion for a new trial.
