After admitting one of its reasons was bogus, Hunter Biden’s legal team has formally abandoned a call for a new trial on the gun charges against him.
Hunter Biden was convicted last month of three felonies in connection with his application for a handgun in 2018, when he lied on the form and said he was not addicted to drugs.
The decision does not end efforts to appeal the ruling, according to CNN.
Hunter Biden’s attorneys had claimed that U.S. District Court Judge Maryellen Noreika did not have authority to conduct the trial because she did not have jurisdiction to do so.
Hunter Biden – who Joe says is the smartest guy he knows and who is Joe’s new gatekeeper at the White House – did this:
“Hunter Biden withdraws bid for new trial in gun case after feds blast him for ‘failure to read’ orders”https://t.co/wHKKf8E9e4— Israel & USA United (@IsraelandUSA) July 9, 2024
However, a filing from the prosecution showed that the documents issued by an appellate court that threw out Hunter Biden’s appeals aimed at stopping the trial did give her the OK for the trial.
“The defendant’s motion is meritless and is based on his apparent misunderstanding of appellate practice and his failure to read the Third Circuit’s Orders,” prosecutors wrote.
“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,” the filing said, according to the New York Post.
Should Hunter Biden be sentenced to prison?
“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,” the filing continued.
The Monday filings were followed by Tuesday’s decision by Hunter Biden’s lawyers to drop the bid for a new trial.
A separate set of filings from Hunter Biden’s legal team is still alive.
His attorneys claim that a Supreme Court ban on guns for people under domestic violence restraining orders should mean that because Hunter Biden was not covered by such a ban, his Second Amendment rights are intact, according to Newsweek.
His lawyers said that because Hunter Biden never “terrorized anyone with a gun in public, or anywhere else, or used it dangerously in any way,” he should not have been found guilty.
Rep. Comer: Hunter Biden is reportedly Joe’s ‘gatekeeper’#USElections #USpolitics #POTUS #Democrats #Biden #Trump #DonaldTrump #MAGA #Parkinsons #JamesComer #HunterBiden #JimBiden https://t.co/WkJGtnDm2L
— uspolitics (@us_politics_cnl) July 9, 2024
Hunter Biden faces a September trial on tax charges.
No sentencing date has been set for his gun charge convictions.
An AP/NORC poll last month found that overall, 57 percent of those surveyed believed Hunter Biden should face prison time for his convictions. The poll had a margin of error of +/- 4 percentage points.