Raven Brunner
·4-min read
Defense attorneys argued that Hunter's three felony convictions "should be vacated" because the trial commenced before a circuit court issued a mandate denying one of his appeals
Hunter Biden has requested a new trial after being found guilty of three felony charges in his federal firearm case earlier this month.
The son of Joe Biden was convicted on June 11 after being accused of lying about his drug use to obtain a weapon in 2018 and then possessing the weapon for 11 days while addicted to a controlled substance.
On Monday, June 24, Hunter’s attorneys requested a new trial due to a procedural mishap, according to ABC News, The Hill and Reuters.
The legal team argued that Hunter’s convictions "should be vacated" because the trial commenced before a circuit court issued a mandate denying one of his two appeals, thus formally giving the trial court permission to proceed, per The Hill.
Related: Hunter Biden's Guilty Verdict: Read the Full Recap of His Final Day in Court
"Naturally, any district court action taken after it has been divested of jurisdiction by an appeal must be vacated," defense attorney Abbe Lowell wrote in court papers, according to The Hill.
Lowell noted that Hunter filed two appeals with the U.S. Court of Appeals for the 3rd Circuit. Both appeals were ultimately denied, but the attorney claims that the appellate court has not issued a formal mandate denying one of the appeals.
As of now, Hunter faces up to 25 years in prison and $750,000 in fines, though first-time offenders rarely get the maximum sentence and often avoid jail time altogether.
Hunter’s trial began in Wilmington, Del., on June 3, and reached a verdict the following week. His past substance abuse played a major role in the trial.
During testimony, Hunter's ex-girlfriend Zoe Kestan recalled his behavior in the months leading up to the gun purchase in question. She described him in court as a distressed man whose difficult situation fueled near-constant crack cocaine usage.
Hunter's first wife of nearly 25 years, Kathleen Buhle — with whom he shares daughters Naomi, Finnegan and Maisy — told the court that his substance abuse and cheating contributed to their divorce in 2017.
Hallie Biden, the widow of Beau Biden who later developed a romantic relationship with Hunter, also testified, after being offered immunity from prosecution before taking the stand, according to The Washington Post.
Hallie said that after growing closer to Hunter, she began using crack cocaine, too. The two attended meetings for addicts and tried getting clean together, though Hallie was able to curb her addiction before him.
Hallie alleged that during their relationship, she feared Hunter was suicidal. When she found the gun that he purchased in his car, she said she "panicked" and threw it in a dumpster. “It was a terrible experience that I went through,” she said. “I’m embarrassed and ashamed and I regret that part of my life.”
Related: Joe Biden Rules Out Pardon for Hunter as He Vows to Respect Any Verdict in Son's Federal Gun Trial
Hunter alluded to his journey to recovery when he responded to the guilty verdict.
"I am more grateful today for the love and support I experienced this last week from [my wife] Melissa, my family, my friends, and my community than I am disappointed by the outcome," he wrote in a statement. "Recovery is possible by the grace of God, and I am blessed to experience that gift one day at a time."
That same day, Lowell said in a statement that he and his client were "disappointed" in the outcome of the trial. He noted, "We respect the jury process, and as we have done throughout this case, we will continue to vigorously pursue all the legal challenges available to Hunter."
Hunter's sentencing decision rests with District Judge Maryellen Noreika, who was appointed to the bench by Donald Trump with support from both of Delaware's Democratic senators.
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The federal gun trial was the first of two criminal trials Hunter faces this year.
In December 2023, the first son was also indicted on nine federal tax charges, including three felonies and six misdemeanors that allege he evaded taxes and filed a false return. He pleaded not guilty to all counts and is scheduled to stand trial in Los Angeles in September. He could be imprisoned for up to 17 years if convicted on each of those charges.
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