Hunter Biden has withdrawn his request for a new trial following strong criticism from federal prosecutors for his “misunderstanding of appellate practice” and “failure to read” prior court orders. His is the latest bad news to hit the first family as President Joe Biden continues to face intense pressure from Democrats to drop out of the 2024 race.
The 54-year-old, convicted on June 11 of three counts related to falsely obtaining a firearm by lying about his drug addiction, sought a new trial on June 24. He argued that Delaware federal Judge Maryellen Noreika lacked jurisdiction over his trial due to pending appeals. However, prosecutors from Special Counsel David Weiss’ office countered in their response that the Third Circuit Court of Appeals in Philadelphia had already authorized Judge Noreika to proceed with the trial, a key detail apparently overlooked by Hunter Biden and his legal team, the New York Post reported.
“[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, adding later: “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, weak 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 come under intense scrutiny following Joe Biden’s widely criticized June 27 debate against Donald Trump, faces a potential maximum of 25 years in prison after his recent conviction. He was found guilty on June 11 of three charges related to his acquisition of a firearm, where he allegedly lied about his drug addiction. Despite the severity of the potential maximum sentence, it is unlikely he will receive such a harsh penalty, as federal sentencing guidelines typically call for less severe punishments. Hunter’s sentencing is scheduled for later this year. Noreika has yet to schedule a sentencing date.
Hunter is set to face trial starting September 5 in Los Angeles, where he is charged with evading $1.4 million in taxes over the years 2016 through 2019. Additionally, an earlier appeal to the Ninth Circuit Court of Appeals in San Francisco, which federal prosecutors criticized as a tactic to delay the trial, was dismissed in mid-May. This ongoing legal challenge adds another layer to the scrutiny surrounding Hunter.
The first son’s law license was suspended by the D.C. Court of Appeals last month following his conviction. The development adds to the ongoing saga surrounding the president’s son. Despite facing a potential maximum sentence of 25 years in prison, it is anticipated that Hunter, being a first-time offender, may not receive the full penalty.
Hunter had been licensed to practice law since 2007. The suspension restricts his ability to practice law solely within Washington, D.C., according to court documents. This decision follows his conviction on three serious felony charges in Delaware. The court has ordered a detailed investigation to determine whether these crimes involve “serious” ethical misconduct.
In the meantime, Hunter is required to adhere to specific rules that apply to suspended lawyers. This includes submitting an official affidavit that could impact when he will be permitted to practice law again. The Disciplinary Counsel has been instructed to inform the court if the matter is resolved without requiring additional legal proceedings.
Hunter Biden has had various professional engagements, including his work in the field of law. After graduating from Yale Law School, Hunter joined MBNA America, a bank holding company that was a significant contributor to his father’s political campaigns.
Disclaimer: This article may contain commentary which reflects the author’s opinion.