Hunter Biden's attorneys are citing the recent dismissal of a case against former President Trump in an effort to have criminal charges against him in Delaware and California thrown out of court.
Former Vice President Joe Biden's son, Hunter Biden, is making a bold move to have criminal cases against him dismissed, citing the recent dismissal of a case involving former President Donald Trump.
Hunter Biden's legal team argues that the special counsel appointed to prosecute him, David Weiss, was illegally appointed because he was not Senate-confirmed. This is the same issue that resulted in the dismissal of the case against Trump over the handling of classified documents.
The Ripple Effect of Judge Cannon's Trump Ruling: Hunter Biden Seeks to Dismiss Criminal Cases
Both Trump and Hunter Biden were prosecuted by special counsels appointed by Attorney General Merrick Garland. However, in the Trump case, Judge Aileen Cannon found that the appointment of Special Counsel Jack Smith was unconstitutional because he was not confirmed by the Senate.
Hunter Biden's attorneys are now arguing that since the Trump case was dismissed, so should theirs. They contend that the Attorney General used the same authority to appoint the special counsel in both cases, and both appointments are therefore invalid.
The Ripple Effect of Judge Cannon's Trump Ruling: Hunter Biden Seeks to Dismiss Criminal Cases
While the recent decision from Judge Cannon in the Trump case may be persuasive, it is also not binding because it took place in a different federal jurisdiction. However, if the motion to dismiss is decided in Biden's favor, it also benefits Trump, as his team will have another argument to make as they challenge the legality of Smith's appointment.
The Department of Justice is appealing Judge Cannon's ruling in the Trump case, arguing that the Attorney General is statutorily authorized to appoint a special counsel. The outcome of this appeal will have significant implications for both the Trump and Hunter Biden cases.
The Ripple Effect of Judge Cannon's Trump Ruling: Hunter Biden Seeks to Dismiss Criminal Cases
Hunter Biden was convicted last month on three felony charges related to a handgun purchase in 2018. He is also facing federal tax crimes charges in California. His attorneys are requesting that both cases be dismissed based on the alleged illegality of Special Counsel Weiss's appointment.
The legal maneuvers in both the Trump and Hunter Biden cases have raised questions about the authority of the Attorney General to appoint special counsels. The outcome of these cases could have significant implications for the investigation into Trump's handling of classified documents and for the ongoing criminal investigations involving Hunter Biden.
The Ripple Effect of Judge Cannon's Trump Ruling: Hunter Biden Seeks to Dismiss Criminal Cases
Additionally, the timing of these legal challenges is noteworthy, as both men are facing potential criminal charges related to their political affiliations. The use of legal precedents and arguments in both cases highlights the complex interplay between politics and the justice system.
