Washington, D.C. – Hunter Biden has filed motions to have the criminal cases against him in Delaware and California dismissed, citing a recent legal precedent involving former President Trump. Biden’s legal team argues that Special Counsel David Weiss was illegally appointed, mirroring the reasoning used to dismiss Trump’s case.
Hunter Biden faces serious legal challenges: he was convicted last month on three felony charges related to a 2018 handgun purchase, and he is also entangled in an ongoing federal tax case in California. His attorneys are pushing for both cases to be thrown out on the grounds that Weiss’s appointment as Special Counsel was unconstitutional since he was not confirmed by the Senate.
This argument draws directly from the recent dismissal of Trump’s case over the handling of classified documents. In that instance, Judge Aileen Cannon ruled that the appointment of Special Counsel Jack Smith was unconstitutional because he was appointed by Attorney General Merrick Garland without Senate confirmation, which violated the Constitution’s Appointments Clause. The Department of Justice is currently appealing this ruling.
Biden’s attorneys highlight that the same legal principles should apply to both cases. “Based on these new legal developments, Mr. Biden moves to dismiss the indictment because the Special Counsel who initiated this prosecution was appointed in violation of the Appointments Clause as well,” the request states.
They further argue that “the Attorney General relied upon the exact same authority to appoint the Special Counsel in both the Trump and Biden matters, and both appointments are invalid for the same reason.”
Hunter Biden’s strategy leverages a ruling that not only helped his father’s political rival but is also under appeal by the Department of Justice. While Judge Cannon’s decision is not binding in Biden’s case due to differing federal jurisdictions, it may still be persuasive. If Biden’s motion to dismiss is granted, it could strengthen Trump’s position in his ongoing legal battles by providing additional legal precedent.
The legal maneuver by Hunter Biden’s team is set against a backdrop of contentious political and legal battles. If successful, it could have significant implications for both cases, potentially aiding Trump’s defense and challenging the procedural integrity of special counsel appointments made by the Attorney General.
Hunter Biden’s team has requested a hearing for the motion on August 5. The outcome of this motion could have far-reaching effects on the legal landscape and ongoing political discourse.