(Los Angeles) On Thursday, Hunter Biden, the son of Joe Biden, who is facing two separate counts of unlawful weapons ownership and tax evasion, submitted a request to have the charges dismissed. He cited a verdict that was made in a case that involved Donald Trump.
It was in June that a judge in Delaware found Hunter Biden guilty of illegal possession of a firearm in 2018. He is now slated to stand trial in September in California, where he currently resides, on allegations of tax evasion.
However, despite the fact that both are being pursued by a special prosecutor who was appointed in August 2023, David Weiss, the attorneys for Hunter Biden are referencing a verdict that dismissed federal proceedings against Donald Trump.
Judge Aileen Cannon, who is in charge of the Florida trial against the former Republican president for keeping confidential papers after leaving the White House, canceled the proceedings on Monday, declaring that the appointment of special counsel Jack Smith in 2022 was unlawful. The trial is being held in Florida.
Although she did not make a decision regarding the merits of the case, she stated that the appointment of the special prosecutor and the funding of the position violated articles of the Constitution that deal with appointments and expenses.
She placed a particular emphasis on the position that was articulated by the conservative Supreme Court Justice Clarence Thomas in the groundbreaking decision that was handed down by the highest court in the country on July 1. This decision recognized the President of the United States with substantial criminal immunity at the time.
On Thursday, attorneys representing Hunter Biden delivered their arguments in both courts, one in Delaware and the other two in California.
In light of the fact that this defect has been discovered and utilized to render a special counsel case against former President Trump ineffective, it is reasonable to expect that Mr. Biden will receive a result that is comparable. They argue in their appeal to the Delaware court that the defendants are different but that the constitutional flaws are the same.
On Wednesday, Jack Smith filed an appeal with a federal appeals court against the decision made by Judge Cannon.
Hunter Biden, the son of former Vice President Joe Biden, has requested that the tax and gun proceedings that have been brought against him be dismissed by federal judges. He has cited a verdict that was handed down in Florida this week that dismissed a related prosecution of former President Donald Trump.
On Thursday, requests were filed in federal courts in Delaware and California. These requests highlight the potential ramifications of the dismissal of the classified documents case against Trump by United States District Judge Aileen Cannon on Monday. Additionally, the case has the potential to unsettle the legal landscape surrounding special counsels in the Justice Department.
Under the direction of Attorney General Merrick Garland, special counsels were established to investigate and punish both Hunter Biden and Donald Trump. Cannon decided that the appointment of Jack Smith, the special counsel who prosecuted Trump, was in violation of the Constitution. This was due to the fact that Garland appointed Smith directly to the job, rather than having him be nominated by the president and confirmed by the Senate. As a result, the case against Trump was dismissed.
Cannon’s dismissal has been appealed to a federal appeals court in Atlanta, according to Smith’s team, which has stated that the Justice Department followed long-established practice. For example, the appointment of special counsel Robert Mueller under the Trump administration to investigate Russian influence in the election was affirmed by judges.
In a pair of filings that were made on Thursday, attorneys for Hunter Biden stated that the same logic should be applied in his cases, which should result in the dismissal of a pending tax prosecution in Los Angeles that is currently scheduled for trial in September, as well as a separate firearm case in Delaware, in which Hunter Biden was convicted of three felony charges in June.
Hunter Biden’s team had previously attempted to argue the same thing, but they were unsuccessful. However, they claim that there is now a compelling cause to revisit their claims. Both of Hunter Biden’s cases are currently being presided upon by judges that Trump has appointed to the bench. The judge who dismissed Trump’s case, Cannon, was likewise selected by the prior Republican president. Cannon was removed from his position.
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