(TheRedWire.com) – Hunter Biden wants his criminal cases in California and Delaware dropped, citing a case involving Trump.
Biden’s lawyers are requesting the judges dismiss the President’s son’s federal cases, citing the dismissal of a case that involves former President Donald Trump while arguing Special Counsel David Weiss’s appointment was illegal.
In Delaware, the President’s son was convicted on three felony charges related to his purchase of a handgun, and in California, the case revolves around his alleged federal tax crimes.
However, Biden’s attorneys are using the same reason Trump’s classified documents case was thrown out: the Special Counsel in his case was not Senate-confirmed as special counsel, making it an illegal appointment.
Both Trump and Biden were facing prosecution by special counsels appointed by Attorney General Merrick Garland.
In Trump’s case, Judge Aileen Cannon found the appointment of Special Counsel Jack Smith unconstitutional, as he had not been confirmed by the Senate, making his appointment a violation of the Constitution’s Appointments Clause.
Special Counsel Jack Smith intends to appeal that ruling.
In a statement, a spokesperson for Jack Smith suggested Cannon’s dismissal “deviates from the uniform conclusion” of previous courts that consider the Attorney General to be “statutorily authorized to appoint a Special Counsel.” The Department of Justice has given Smith the go-ahead to appeal the ruling.
However, circumstances for Hunter Biden aren’t as cut-and-dry. The Senate had confirmed Weiss as U.S. attorney in Delaware. Nevertheless, attorneys for the President’s son argue that since Trump’s case has been dismissed, theirs should.
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