(WASHINGTON) — Attorneys for Hunter Biden on Tuesday withdrew their bid for a new trial in his federal gun case, conceding in court papers that a motion they filed last month misunderstood a technicality in the district court’s capacity to carry out a trial.
Hunter Biden’s legal team had argued in a filing last month that his “convictions should be vacated” because trial commenced before a circuit court formally issued a mandate denying one of his many pretrial appeals — an argument disputing not the merits of the case, but the mechanics of the trial.
Hunter Biden, the son of President Joe Biden, was found guilty in June on three felony counts related to his purchase of a firearm in 2018 while allegedly addicted to drugs.
Special counsel David Weiss, who brought the charges, said Hunter Biden’s bid for a new trial was “meritless and is based on his apparent misunderstanding of appellate practice” in calling for the judge to deny the motion.
Hunter Biden’s team withdrew their motion on Tuesday before Judge Maryellen Noreika had a chance to weigh in. They acknowledged that the appellate court issued a certified order instead of the formal mandate, rendering their motion moot.
“As it appears that the Third Circuit views issuing a certified order ‘in lieu’ of a mandate, Mr. Biden withdraws his motion,” they wrote.
Copyright © 2024, ABC Audio. All rights reserved.
