Hunter Biden Seeks Dismissal of Gun and Tax Cases After Trump’s Case Is Thrown Out

(UnitedHeadlines.com) – Hunter Biden’s attorneys are seeking to get his federal cases in California and Delaware dismissed, arguing that Special Counsel David Weiss was appointed illegally by Attorney General Merrick Garland.

The move comes after Judge Aileen Cannon dismissed the classified documents case against former President Donald Trump, ruling Special Counsel Jack Smith was unconstitutionally appointed by Garland. When he was appointed, Smith was working outside the Department of Justice.

In Cannon’s 93-page ruling, she stated there is a process to appoint and confirm a special counsel described in the Constitution. She noted that Congress also has the power to enact a statute to authorize the appointment of a special counsel that aligns with that constitutional provision. According to Cannon, the only way “to cure the unconstitutional problem” was to dismiss the case.

Hunter Biden’s attorneys argued that based on Cannon’s ruling Garland’s appointment of Weiss was also unconstitutional since he was not confirmed as special counsel by the Senate. However, Weiss had already been confirmed by the Senate as a U.S. attorney in Delaware when Garland appointed him as special counsel.

They also referenced Supreme Court Justice Clarence Thomas‘ opinion in the presidential immunity case, where he urged lower courts to explore the issue of Smith’s appointment, as a reason to dismiss Weiss’ cases against Hunter Biden.

Biden’s attorneys requested an Aug. 5 hearing on the motion.

In June, Hunter Biden was convicted in Delaware on three felony charges related to his 2018 purchase of a revolver while addicted to cocaine handgun purchase in 2018. U.S. District Judge Maryellen Noreika has not set a sentencing date. However, Hunter Biden faces a maximum sentence of 25 years in prison.

His trial in California for alleged federal tax crimes is set to begin in September. According to prosecutors, Hunter Biden failed to pay over $1.4 million in taxes over four years.

The Department of Justice is appealing Cannon’s ruling.