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Hunter Biden attorneys re-submit request for new gun trial

Hunter Biden’s lawyers have refiled a motion seeking a new criminal trial after his eldest son was convicted of all charges related to a 2018 firearm purchase.

Biden’s lawyer, Abe Lowell, filed the motion on Monday, arguing that the federal court in Delaware lacked jurisdiction to hold the trial earlier this month. The motion came a week after Lowell filed a similar motion but quickly withdrew it without explanation.

Biden was convicted on June 11 of lying about his drug use when purchasing a firearm in 2018. Specifically, he was convicted of three counts of making a false statement when purchasing a firearm, making a false statement regarding information required to be kept by federally licensed firearms dealers, and possessing a firearm by a person who is unlawfully using or intoxicated by a controlled substance.

Biden had pleaded not guilty In that case.

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Hunter Biden arrives at the federal courthouse with his wife, Melissa Cohen Biden.

Hunter Biden arrives with his wife, Melissa Cohen Biden, at the federal courthouse in Wilmington, Delaware, on Tuesday, June 11, 2024. (AP Photo/Matt Luke)

The case marked the first time in U.S. history that the child of a sitting president has been put on trial.

Prosecutors sought to prove that Biden lied in October 2018 on a federal firearms form known as ATF Form 4473, when he answered “no” when asked if he was an illegal drug user or addicted to a controlled substance.

Abe Lowell arrives at the J. Caleb Boggs Federal Building

Hunter Biden’s attorney Abe Lowell arrives at the J. Caleb Boggs Federal Building in Wilmington, Delaware, June 4, 2024. Opening statements in Biden’s felony firearms trial begin today. (Anna Moneymaker/Getty Images)

Biden has a well-documented history of substance abuse, including in his 2021 memoir “Beautiful Things,” which was referenced repeatedly by both prosecutors and Biden’s defense team during the seven-day trial this month. The memoir walks readers through Biden’s ups and downs with a crack cocaine addiction and his attempts to get sober.

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Lowell did not deny Biden’s long history of substance abuse during the trial. AlcoholismThe defense argued that Biden did not consider himself a drug addict the day he bought the Cobra Colt 38, citing that his eldest son had been in rehab before the purchase in October 2018.

Hunter Biden's gun photo evidence

Photo evidence submitted by the prosecution showed the gun purchased by Hunter Biden. (US Government exhibit)

But prosecutors argued that Biden was addicted to crack cocaine before, during and after he bought the guns. They cited Biden’s memoir and presented jurors with text messages from family members and drug dealers to prove Biden was addicted to crack cocaine around the time he bought the guns.

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Just a day after the gun purchase, prosecutors showed in court that Biden texted his sister-in-law and girlfriend, Hallie Biden, saying he was “waiting for a dealer named Mookie.” The next day, Biden texted her saying he was “sleeping in his car, smoking crack.” “4th Street and Rodney” in Wilmington.

Hunter Biden and his wife Melissa arrive at the courthouse

Social media users have criticized Hunter Biden for being convicted on firearms-related charges. (Kevin Dietsch/Getty Images)

The jury took about three hours over two days to return the guilty verdict. The three charges carry a combined maximum sentence of 25 years in prison, but as it is a first-time offender, Biden is unlikely to receive the full sentence.

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Hunter Biden, flanked by Jill Biden and Melissa Cohen Biden, leaves a federal courthouse.

President Joe Biden’s son Hunter Biden (center), accompanied by his mother, First Lady Jill Biden (left), and his wife Melissa Cohen Biden (right), leaves the federal courthouse after hearing his sentence, Tuesday, June 11, 2024, in Wilmington, Delaware. Hunter Biden was convicted of all three felony charges in his federal firearms trial. (AP Photo/Matt Luke)

The sentence is expected to be handed down later this year, but a date has yet to be announced.

The request for review came after D.C. disciplinary counsel filed a “notice of discipline” with the D.C. Court of Appeals last week seeking to suspend Biden’s license to practice law in the district following his guilty plea.

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The DC Bar Association’s website listed Robert Hunter Biden as a “best practice attorney” and “active” as of Monday afternoon. Biden earned his J.D. from Yale University in 1996 and previously worked at the law firm Boies Schiller Flexner.

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