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Hunter Biden, the son of President Joe Biden, is seeking a new trial in his federal gun case following his conviction two weeks ago. The conviction was based on charges that he lied about his drug use when purchasing a firearm in 2018. His legal team has now filed a motion citing a procedural technicality rather than challenging the merits of the case itself.

 

Hunter Biden, 54, became the first child of a sitting US president to be criminally convicted when a jury found him guilty on June 11. During the seven-day trial, prosecutors presented witness testimonies, including from Biden’s family members, alongside his text messages and memoir, to argue that he was using crack cocaine at the time he bought the gun. Biden's defense argued that he was in recovery during the purchase and did not consider himself an addict. Despite their efforts, the jury was convinced of his guilt. His lawyers immediately vowed to challenge the conviction, leading to the current motion for a new trial.

 

Biden's legal team's latest move focuses on a procedural technicality. According to his primary attorney, Abbe Lowell, the trial began without a "mandate" from the appeals court. A mandate is a formal document that an appellate court uses to notify a lower court of its decision and authorization to proceed with the trial. In their filing on Monday, Lowell argued that the lack of this mandate invalidates the trial's basis. This motion comes after a previous attempt for a new trial was uploaded and then quickly deleted on June 17 at the request of Biden’s lawyers.

 

In May, a federal appeals court had rejected two challenges to the case filed by Biden's legal team. The recent motion by Lowell contends that the absence of the mandate from the appeals court should result in the conviction being vacated. Experts suggest that while the chances of success on this procedural technicality might be slim, it represents a significant aspect of legal defense strategies. The procedural argument does not address the factual findings of the case but rather focuses on whether the trial was conducted according to proper judicial procedures.

 

Biden was found guilty on all three criminal counts related to his purchase of a revolver at a Delaware gun store in October 2018. He kept the gun for approximately 11 days. While experts suggest that it is possible Biden could face prison time, it is unlikely he would receive the maximum sentence of 25 years.

 

In addition to the gun case, Hunter Biden faces another legal battle in California, where he will stand trial in September for allegedly evading $1.4 million in taxes between 2016 and 2019. During this period, it is alleged that he spent millions on drugs, escorts, and luxury cars. 

 

The legal proceedings against Hunter Biden have broader implications, given his high-profile status as the president’s son. The case has garnered significant media attention and public interest, partly due to the intersection of legal, political, and personal dimensions involved. The attempts to secure a new trial based on procedural grounds also highlight the complexities and nuances of the legal system. Procedural defenses can play a critical role in ensuring that trials adhere to established judicial processes and standards. 

 

Credit: BBC 2024-06-26

 

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  • Haha 1
Posted (edited)

Over the years the U.S. judicial system has become a nightmare for anyone accused of breaking the law.  Expect more cases to be thrown out on technical issues.  The days of simply trying a case on its merits are over.  And this includes civil lawsuits, including torts.

Edited by Hawaiian
  • Thumbs Up 2
Posted

The recent supreme court ruling on bump stocks have provided an avenue to challenge whether drug users should be able to own guns. This will go all the way to the supreme court for resolution.

Posted

If you have the money, and a legal reason to call a retrial, then you ought to go for it. That's why we pay lawyers, to keep us out of jail.

On the other hand, become president and pardon yourself on day one.

  • Like 1
Posted

Magadonians must be bewildered that the President didn't intervene in his son trial. No attacks nor abuse on the justice system must be strange to them as they are so mesmerized in Trump's shenanigans that they think it is normal. 

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Posted (edited)
26 minutes ago, Eric Loh said:

Magadonians must be bewildered that the President didn't intervene in his son trial. No attacks nor abuse on the justice system must be strange to them as they are so mesmerized in Trump's shenanigans that they think it is normal. 

No one is bewildered that the President didn't intervene in his son trial. 

Edited by Yellowtail
  • Agree 1
Posted
3 minutes ago, Yellowtail said:

No one on bewildered that the President didn't intervene in his son trial. 

Thanks for proving my point. 

Posted
6 hours ago, JonnyF said:

 

The son of the US President and head of the Biden crime family, Joe Biden?

 

The entitled rich kid thinks he is above the law and is having trouble accepting he is not.  

Do I detect a note of Trumpism here?  “ Biden crime family” is the purest  MAGA hogwash, IMO. Look no further than indicted and CONVICTED #45 and his civilly prosecuted, corrupt issue if you’re going to blather on about “crime families”.

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Posted
3 minutes ago, Kwaibill said:

Do I detect a note of Trumpism here?  “ Biden crime family” is the purest  MAGA hogwash, IMO. Look no further than indicted and CONVICTED #45 and his civilly prosecuted, corrupt issue if you’re going to blather on about “crime families”.

You have it bad. 

  • Haha 1
Posted
13 minutes ago, Kwaibill said:

Do I detect a note of Trumpism here?  

 

No, that'll be the TDS.

 

13 minutes ago, Kwaibill said:

 

 

“ Biden crime family” is the purest  MAGA hogwash,

 

Oh rly.

 

https://www.dailymail.co.uk/news/article-13505151/biden-family-drugs-business-deals-crimes.html

 

13 minutes ago, Kwaibill said:

 

 

IMO. Look no further than indicted and CONVICTED #45 and his civilly prosecuted, corrupt issue if you’re going to blather on about “crime families”.

 

Fascinating.

 

This thread is about Biden though.

  • Like 1
Posted
8 hours ago, Tug said:

Agreed there is a certain someone who single handily is supporting god only knows how many lawyers in these delay/ technical cases good luck hunter stay sober stay strong!

Stay sleasy.....

  • Agree 1
Posted

Hunter has every right to appeal. That said they can take into account the lack of remorse and acceptance of his responsibility for his crimes should that not work out. 

Posted
16 hours ago, JonnyF said:

 

The son of the US President and head of the Biden crime family, Joe Biden?

 

The entitled rich kid thinks he is above the law and is having trouble accepting he is not.  

Why post's bs prove the Biden family is connected to crime  

  • Thumbs Up 1
Posted
17 hours ago, Eric Loh said:

Magadonians must be bewildered that the President didn't intervene in his son trial. No attacks nor abuse on the justice system must be strange to them as they are so mesmerized in Trump's shenanigans that they think it is normal. 

The head of the crime family can wait to commute his little boy's sentence if he has to serve time.

  • Sad 1
Posted
16 hours ago, still kicking said:

Why post's bs prove the Biden family is connected to crime  

Hunter Biden is a convicted felon. 

Posted
Just now, Jingthing said:

Agreed. Not running for president though. 

But it proves the Biden family is connected to crime, yes? 

 

And (apparently) Hunter is a tax evader, all the while his dad is getting rich and calling for "others" to pay their fair share. 

 

Too funny

 

 

Posted
1 minute ago, Yellowtail said:

But it proves the Biden family is connected to crime, yes? 

 

And (apparently) Hunter is a tax evader, all the while his dad is getting rich and calling for "others" to pay their fair share. 

 

Too funny

 

 

No it doesn't at all.

It proves ONE member of the Biden family is a convicted felon.

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