Hunter Biden is using several court opinions favorable to his father’s political opponent. conviction on weapons charges should be thrown out.
In federal court documents filed in Delaware, Hunter Biden‘s lawyers asked the judge overseeing the gun trial to dismiss the case against him according to the decision of the federal court in Florida. termination of confidential documents against former President Donald Trump.
U.S. District Judge Aileen Cannon was relieved of her duties in Monday’s ruling Jack SmithA criminal case was opened against Trump on the grounds of his appointment and funding special counsel it was illegal.
President Joe Biden’s son claims that decision, plus the concurrence of Supreme Court Justice Clarence Thomas presidential immunity decision A federal election interference lawsuit filed against Trump earlier this month is grounds for dismissing special counsel David Weiss’ case against him.
“Based on these new legal developments, Mr. Biden dismisses the indictment against him because the Special Counsel who brought it was also appointed in violation of the Appointments Clause,” the filing said.
“The Attorney General relied on the same authority to appoint a special counsel in both the Trump and Biden cases, and both appointments are invalid for the same reason.” giving argues.
Hunter Biden was chas been convicted last month counts as three felonies it was related to possession of a weapon while using drugs. His sentence has not yet been determined.
Representatives for Hunter Biden and Weiss’ office did not immediately respond to requests for comment.
Cannon’s decision Monday to dismiss the docket case cited Thomas’ July 1 opinion three times. Thomas’ opinion called into question Smith’s appointment as special prosecutor in the two Trump cases.
“If there is no statute establishing the office that the special counsel is working in, he cannot pursue this charge,” Thomas said. he wrote.
Neither opinion is binding in the Delaware case, but Biden’s attorneys argued they could appeal to U.S. District Judge Maryellen Noreika, demonstrating they are “different defendants but with the same constitutional defects.” They urged him to correct the “miscarriage of justice.”
Joe Biden said in a speech Interview with NBC News Lester Holt said earlier this week that Cannon’s decision was “awesome.” said that “I disagree with Clarence Thomas’s dissent and/or the Supreme Court’s ruling on immunity.”
Smith’s office is appealing Cannon’s decision.
“Dismissal of the case departs from the unanimous conclusion that all prior courts have held that the Attorney General has statutory authority to appoint a special counsel,” said spokesman Peter Carr.