Lawyers representing Hunter Biden, the eldest surviving son of the US president, have petitioned for a retrial. They contend that the Delaware court lacked the necessary jurisdiction to proceed with the case. Hunter Biden had been declared guilty earlier in the month on three serious charges tied to a handgun purchase during his time as a crack cocaine user.
Abbe Lowell, Hunter Biden’s legal representative, filed a court document on Monday, suggesting that his client’s convictions should be annulled due to the overseeing judge’s lack of jurisdiction for the trial, owing to unresolved decisions in his case for appeal.
Biden’s lawyers had made two unsuccessful attempts to have the gun charges dismissed at a federal appeals court. However, according to Mr Lowell, the court has yet to officially deny one of these appeals. He stated in Monday’s filing that any action taken by the district court lacking jurisdiction due to an appeal should be rescinded.
Biden’s lawyers also contested in a separate filing that a recent decision by the supreme court, which affirmed a federal prohibition on firearms for individuals subject to domestic violence restraining orders, supported their plea for acquittal or at least a new trial.
A potential sentence of up to 25 years awaits Mr Biden, but it is uncommon for first offenders to receive the highest penalty. A sentencing date is yet to be determined.
Meanwhile, the President has made clear that he will not utilise his authority to pardon his son or lessen his sentence.