Hunter Biden is seeking a new trial in his federal gun case, citing a procedural issue related to the timing of the trial that led to a guilty verdict against him. His legal team argues that the trial court lacked jurisdiction due to pending appeals challenging his prosecution.
The defense contends that the conviction should be overturned because, although the appeals court had rejected Biden's appeals before the trial began in early June, it had not issued a 'mandate' informing the lower court of its decisions.
Biden's lawyers highlight the absence of a mandate from the 3rd US Circuit Court of Appeals following the dismissal of two appeals in late May. They assert that the trial court lacked jurisdiction when the jury was selected on June 3, 2024, and the trial commenced.
US District Judge Maryellen Noreika had previously expressed her opinion that Biden's appeals of pre-trial rulings would not strip the court of jurisdiction. Despite this, Biden's legal team filed a motion for a new trial on June 17, only to retract it shortly afterward.