Hunter Biden withdraws bid for new trial in gun case after feds blast him for ‘failure to read’ orders
First son Hunter Biden dropped his attempt at a new trial Tuesday after federal prosecutors ripped him for “misunderstanding of appellate practice” and “failure to read” prior court orders.
The 54-year-old, who was convicted June 11 of three counts related to lying about his drug addiction to obtain a firearm, had filed his motion for a new trial June 24, claiming Delaware federal Judge Maryellen Noreika didn’t have jurisdiction over the trial — known as a mandate — because of pending rulings in his appeals case.
However, prosecutors from special counsel David Weiss’ office pointed out in their Monday response that the Philadelphia-based Third Circuit Court of Appeals had already given Noreika the go-ahead to try the first son — a detail missed by Hunter and his lawyers.
“[W]hen trial began on June 3, the Third Circuit had already dismissed both of the defendant’s appeals with orders stamped ‘in Lieu of Mandate’ and denied his petition for rehearing,” wrote prosecutor Derek Hines in Monday’s filing, later adding: “While the defendant repeatedly insisted before trial that his appeals divested this Court of jurisdiction, this is the first time he has spun this laughable tale of the mystery of the missing mandates.
“But both dismissal orders are plainly stamped ‘Issued in Lieu of Mandate’ and provide no basis for this Court to reconsider its earlier rulings with respect to jurisdiction when non-appealable orders are appealed.”
On Tuesday, lead Biden defense attorney Abbe Lowell filed a brief, sheepish reply admitting: “As it appears that the Third Circuit views issuing a certified order ‘in lieu’ of a mandate as compliant with … procedure for shortening the time for issuance of a mandate, Mr. Biden withdraws his motion.”
Hunter Biden — who has emerged as a key figure in his father’s administration following President Biden’s disastrous June 27 debate against Donald Trump — faces up to 25 years behind bars when he’s sentenced later this year, though he’s unlikely to get such a heavy sentence under federal sentencing guidelines.
Noreika has yet to schedule a sentencing date.
An Associated Press-NORC Center for Public Affairs Research poll last month found that 60% of Americans — and 59% of Democrats — agreed with the verdict in the Delaware trial, with nearly half also saying that Hunter deserved a prison sentence.
The first son is also due to go on trial beginning Sept. 5 in Los Angeles, where he is accused of evading $1.4 million in taxes for the years 2016 through 2019.
Hunter’s earlier appeal in that case to the San Francisco-based Ninth Circuit Court of Appeals, which federal prosecutors had called a “stunt to delay his trial,” was rejected in mid-May.
