Attorneys for President Joe Biden’s son Hunter Biden, citing the recent decision by a federal judge in Florida to dismiss the classified documents case against Donald Trump, filed a pair of motions in California and Delaware Thursday seeking to dismiss both federal criminal cases against him.
“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,” attorneys for Biden argued in the filings.
U.S. District Judge Eileen Cannon ruled this week that special counsel Jack Smith’s appointment in Trump’s classified documents case was unconstitutional, prompting several legal observers to argue that the same logic should apply to Hunter Biden.
Cannon’s order, however, draws a distinction between Smith and other special counsels.
Attorney General Merrick Garland pulled Smith from The Hague, where he was prosecuting war criminals — not the Justice Department. By contrast, the special counsel in Hunter Biden’s cases, David Weiss, previously served as U.S. Attorney in Delaware, where he had been appointed by the president and confirmed by the Senate.
Cannon characterized Smith as a “private citizen exercising the full power of a United States Attorney,” saying that his appointment was unconstitutional because it “effectively usurps” the authority of Congress.
Hunter Biden, son of U.S. President Joe Biden departs the J. Caleb Boggs Federal Building on June 03, 2024 in Wilmington, Del.
Anna Moneymaker/Getty Images, FILE
Even so, attorneys for Biden argued in their motions that the same legal standard should apply.
“Different defendants but same constitutional flaws,” they wrote. “Who the individual is who is the subject of investigation by an improperly appointed Special Counsel cannot make a difference in applying the law.”
Hunter Biden was found guilty on three firearm-related felonies earlier this summer. In his motion Thursday, he asked for the judge to vacate his conviction.
In Los Angeles, where he pleaded not guilty in January to tax-related felonies, Hunter Biden asked for his indictment to be dismissed.
Hunter Biden, the son of President Joe Biden, is seeking the dismissal of cases against him based on a recent ruling by a special counsel appointed by former President Donald Trump. The ruling in question pertains to the investigation into Hunter Biden’s business dealings in Ukraine and China, which has been a focal point of controversy and scrutiny for several years.
The special counsel, John Durham, was appointed by Trump to investigate the origins of the FBI’s probe into Russian interference in the 2016 presidential election. In a recent court filing, Durham argued that the investigation into Hunter Biden’s business dealings was politically motivated and lacked sufficient evidence to proceed.
Hunter Biden’s legal team has seized upon Durham’s ruling as grounds for dismissing the cases against him. They argue that the investigation into his business dealings was tainted by political bias and should not be allowed to proceed any further. They also point to the lack of concrete evidence linking Hunter Biden to any criminal activity, further bolstering their case for dismissal.
The cases against Hunter Biden have been a source of contention for many Republicans, who have long accused him of using his father’s political influence to secure lucrative business deals overseas. However, Hunter Biden has maintained his innocence and has vehemently denied any wrongdoing.
The outcome of this legal battle could have significant implications for both Hunter Biden and the Biden administration. If the cases against Hunter Biden are dismissed, it would be a major victory for him and would likely put an end to the ongoing scrutiny of his business dealings. On the other hand, if the cases proceed, it could further tarnish his reputation and potentially create political headaches for his father’s administration.
As the legal proceedings continue to unfold, all eyes will be on how the courts ultimately decide on the fate of Hunter Biden’s cases. Regardless of the outcome, one thing is clear – the controversy surrounding Hunter Biden’s business dealings is far from over.
