{"id":106107,"date":"2024-06-25T00:03:40","date_gmt":"2024-06-25T00:03:40","guid":{"rendered":"https:\/\/lascrucestoday.com\/newstalklc\/hunter-biden-requests-new-trial-after-conviction-in-gun-case\/"},"modified":"2024-06-25T00:03:40","modified_gmt":"2024-06-25T00:03:40","slug":"hunter-biden-requests-new-trial-after-conviction-in-gun-case","status":"publish","type":"post","link":"https:\/\/lascrucestoday.com\/newstalklc\/hunter-biden-requests-new-trial-after-conviction-in-gun-case\/","title":{"rendered":"Hunter Biden requests new trial after conviction in gun case"},"content":{"rendered":"
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Jason Marz\/Getty Images<\/figcaption><\/figure>\n

(WASHINGTON) — Nearly two weeks after President Joe Biden’s son Hunter Biden was convicted on three felony gun counts, he is waging a long-shot bid to fight that outcome.<\/p>\n

Attorneys for Hunter Biden requested a new trial in court papers filed Monday, arguing that his “convictions should be vacated” because the trial commenced before a circuit court formally issued a mandate denying his appeal — a technical argument disputing not the merits of the case, but a procedural claim.<\/p>\n

“Here, no mandate was issued during the trial or even now,” attorneys for Biden wrote. “Consequently, the conviction must be vacated.”<\/p>\n

The younger Biden was found guilty earlier this month on two counts of making false statements for saying on a federal form that he was not addicted to drugs at the time he purchased a Colt Cobra 38SPL revolver in October 2018, and a third count of illegally obtaining the firearm while addicted to drugs.<\/p>\n

Attorneys for Hunter Biden also argued in a separate filing Monday that the Supreme Court’s decision this week in U.S. v. Rahimi, which upheld a longstanding federal ban on firearms for people under domestic violence restraining orders, supported their motion for an acquittal or, “at a minimum,” a new trial.<\/p>\n

Chief Justice John Roberts wrote in that decision that when “an individual poses a credible threat to the physical safety of an intimate partner, that individual may — consistent with the Second Amendment — be banned from possessing firearms while the order is in effect.”<\/p>\n

Because Hunter Biden never acted violently or misused his gun, his attorneys argued on Monday, his Second Amendment right to bear arms ought to remain intact.<\/p>\n

“Here, the jury did not find Mr. Biden ever terrorized anyone with a gun in public , or anywhere else, or used it dangerously in any way,” attorneys for Biden wrote. “That requires Mr. Biden’s acquittal.”<\/p>\n

Hunter Biden’s legal team also reprised a question they raised at trial about how long after a drug addict stops using drugs before they can purchase a firearm — perhaps laying the foundation for yet another appeal.<\/p>\n

“Where is this line that separates not only what is legal from what is illegal, but where the exercise of a constitutionally protected right becomes a felony? How does a person have fair notice of when he or she is allowed to possess a firearm if they used a prohibited substance a day, a week, a month or, as the Special Counsel argued, years before? This Court has not said,” they argued.<\/p>\n

Copyright \u00a9 2024, ABC Audio. All rights reserved.<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

Jason Marz\/Getty Images (WASHINGTON) — Nearly two weeks after President Joe Biden’s son Hunter Biden was convicted on three felony gun counts, he is waging a long-shot bid to fight that outcome. Attorneys for Hunter Biden requested a new trial in court papers filed Monday, arguing that his “convictions shouldRead More →<\/a><\/span><\/p>\n","protected":false},"author":4,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[156,31,2],"tags":[273,271,276,274,270,123,275,133,124,272,102,103],"_links":{"self":[{"href":"https:\/\/lascrucestoday.com\/newstalklc\/wp-json\/wp\/v2\/posts\/106107"}],"collection":[{"href":"https:\/\/lascrucestoday.com\/newstalklc\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lascrucestoday.com\/newstalklc\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lascrucestoday.com\/newstalklc\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/lascrucestoday.com\/newstalklc\/wp-json\/wp\/v2\/comments?post=106107"}],"version-history":[{"count":0,"href":"https:\/\/lascrucestoday.com\/newstalklc\/wp-json\/wp\/v2\/posts\/106107\/revisions"}],"wp:attachment":[{"href":"https:\/\/lascrucestoday.com\/newstalklc\/wp-json\/wp\/v2\/media?parent=106107"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lascrucestoday.com\/newstalklc\/wp-json\/wp\/v2\/categories?post=106107"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lascrucestoday.com\/newstalklc\/wp-json\/wp\/v2\/tags?post=106107"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}