Hunter Biden has requested the dismissal of criminal cases against him in Delaware and California, drawing parallels to a case involving former President Donald Trump. Biden's legal team argues that Special Counsel David Weiss was unlawfully appointed, mirroring the circumstances that led to the dismissal of charges against Trump.
Biden, who was recently convicted on three felony charges related to a 2018 handgun purchase, is also facing an ongoing federal tax case in California. His attorneys contend that Weiss' appointment violated the Appointments Clause, as he was not Senate-confirmed as special counsel.
The legal dispute stems from a ruling in the Trump case, where Judge Aileen Cannon found the appointment of Special Counsel Jack Smith to be unconstitutional due to lack of Senate confirmation. The Department of Justice is appealing this decision, arguing that the Attorney General has the authority to appoint a Special Counsel.
While Weiss was Senate-confirmed as U.S. Attorney in Delaware, Biden's lawyers assert that the same legal principle should apply to his case. They argue that since Trump's charges were dismissed on similar grounds, Biden's cases should also be thrown out.
The motion to dismiss is scheduled for a hearing on August 5th, where the court will consider the implications of the Appointments Clause on both Biden and Trump's legal challenges. If successful, Biden's defense could set a precedent that benefits Trump's legal team as they contest the lawfulness of the Special Counsel appointments.
Despite the persuasive nature of the ruling in the Trump case, its applicability may be limited to a specific federal jurisdiction. However, the outcome of Biden's motion could have broader implications for future cases involving the appointment of Special Counsels.
