Govt. Responds to Hunter Biden's 'Laughable Tale' in Support of His Motion for New Trial...and Ouch!
I have to hand it to Hunter Biden's legal team: They up the entertainment quotient considerably. In late June, we told you about their novel grounds for requesting a new trial for the First Son following his conviction in Delaware District Court on federal gun charges.
In a nutshell, Biden is claiming that because the Third Circuit Court of Appeals had not formally issued a mandate (the document that closes out the appeal and transfers jurisdiction back to the lower court with instructions) following its dismissal of his two (interlocutory) appeals on the case, the appeals remained pending, thus preventing the district court from having/reassuming proper jurisdiction over the matter before it went to trial.
Now, the Government has responded to Biden's motion, and hoo boy, did they pants Abbe Lowell and Co. with this one. It seems Biden's legal team forgot that reading is fundamental. For, while they argued that District Court Judge Maryellen Noreika did not have proper jurisdiction of the case when it was tried because the Court of Appeals hadn't yet formally issued a mandate after denying Biden's interlocutory appeals, they apparently overlooked not only standard Third Circuit practice regarding mandates but also the actual language contained in the court's certified orders dismissing the appeals.
The response includes a highlighted screenshot of the order:
You can review the entire response below, but I'm excerpting a few of the pointest barbs from it here:
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As I observed in the initial article re: Biden's legal team's rather...creative approach to the motion, "It's a bold strategy, Cotton...let's see if it pays off for 'em."
Something tells me that's going to be a no.
RHB - De - Govt Response to Motion for New Trial - 7-8-24 by Susie Moore on Scribd