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Salon
Salon
Politics
Nandika Chatterjee

Hunter Biden asks judge to toss case

Hunter Biden is trying to pull a Trump card and have his criminal conviction on gun charges thrown out and another case of tax evasion dismissed, citing a recent controversial ruling that declared special counsels to be unconstitutional.

Special counsel David Weiss secured Biden’s conviction in Delaware federal court last month on charges that he lied about his illegal drug use when buying a gun. Weiss is also pursuing the tax case against Biden, in which he has pleaded not guilty and is scheduled to go to trial in September, USA Today reported.

In a legal filing, Biden's attorneys citing a ruling by U.S. District Judge Aileen Cannon, who dismissed special counsel Jack Smith’s classified documents case against Donald Trump this week after affirming the former president’s claims that Smith's appointment and funding violated the Constitution, USA Today reported.

President Joe Biden’s son maintains that Cannon’s ruling is  reason enough to dismiss special counsel Weiss’s cases against him, NBC News reported.

“Based on these new legal developments, Mr. Biden moves to dismiss the indictment brought against him because the Special Counsel who initiated this prosecution was appointed in violation of the Appointments Clause as well,” the filing reads. “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.”

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