Hunter Biden's Legal Troubles Mount, Case Dismissals Sought Citing Trump Precedent

  • Kathlyn Little DVM
  • July 19, 2024 01:03pm
  • 152

The legal battle surrounding Hunter Biden's scandals intensifies as his attorneys move to dismiss federal cases against him, drawing parallels to the recent dismissal of charges against former President Trump. The defense argues that the Special Counsel's appointment was illegal, mirroring the grounds upon which Trump's classified documents case was thrown out.

Hunter Biden, the son of President Joe Biden, has filed a request in federal court seeking to dismiss two pending criminal cases against him in Delaware and California. The defense team's argument rests on the recent court decision that dismissed charges against former President Trump over the handling of classified documents.

In the Trump case, Judge Aileen Cannon ruled that the appointment of Special Counsel Jack Smith by Attorney General Merrick Garland was unconstitutional as it violated the Appointments Clause of the Constitution. The Department of Justice is appealing this ruling.

Hunter Biden's Legal Troubles Mount, Case Dismissals Sought Citing Trump Precedent

Hunter Biden's Legal Troubles Mount, Case Dismissals Sought Citing Trump Precedent

Hunter Biden's lawyers contend that the same argument applies in his case. The Special Counsel, David Weiss, was appointed by Garland and not confirmed by the Senate. Biden's attorneys argue that since the Trump prosecution was dismissed, so should the cases against him.

The motion to dismiss reads, "Based on these new legal developments, Mr. Biden moves to dismiss the indictment because the Special Counsel who initiated this prosecution was appointed in violation of the Appointments Clause as well."

Hunter Biden's Legal Troubles Mount, Case Dismissals Sought Citing Trump Precedent

Hunter Biden's Legal Troubles Mount, Case Dismissals Sought Citing Trump Precedent

The lawyers further stated, "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."

The defense's attempt to use the Trump precedent is a strategic move that could potentially benefit both Hunter Biden and former President Trump. If the motion to dismiss is granted in Biden's favor, it would provide further support for Trump's team to argue that Smith's appointment was unlawful.

Hunter Biden's Legal Troubles Mount, Case Dismissals Sought Citing Trump Precedent

Hunter Biden's Legal Troubles Mount, Case Dismissals Sought Citing Trump Precedent

However, it is important to note that the Cannon decision in the Trump case is not binding in other federal jurisdictions. The outcome of the motion to dismiss in Biden's case will hinge on the decision of the judge presiding over it.

A Delaware jury convicted Hunter Biden on three felony charges related to a handgun purchase in 2018. He also faces federal tax crime allegations in California. The defense has requested an August 5th hearing for the motion to dismiss.

Hunter Biden's Legal Troubles Mount, Case Dismissals Sought Citing Trump Precedent

Hunter Biden's Legal Troubles Mount, Case Dismissals Sought Citing Trump Precedent

The legal proceedings surrounding Hunter Biden's scandals continue to unfold, with the defense drawing upon a precedent that emerged from the case involving former President Trump. The outcome of the motion to dismiss will be closely watched as it could have significant implications for both Hunter Biden and Trump.

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