OAN Staff Brooke Mallory
5:08 PM – Thursday, July 18, 2024
Hunter Biden and his legal team filed a motion arguing that his gun charges conviction should be tossed out, citing two court rulings that supported his father’s political opponent, Donald Trump.
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After a federal court decision in Florida dismissed the case involving confidential documents against former President Donald Trump, Hunter Biden’s attorneys urged the judge presiding over his gun trial to dismiss the charges against him in federal court filings filed in Delaware.
U.S. District Judge Aileen Cannon dismissed special counsel Jack Smith’s criminal case against Trump on Monday, citing illegalities in his appointment and funding.
Additionally, many have also argued that Smith’s involvement is a clear conflict of interest.
Meanwhile, Hunter Biden argues that special counsel David Weiss’s case against him should be dismissed as well due to Trump’s ruling and Justice Clarence Thomas’s concurrence in the Supreme Court’s presidential immunity verdict in the federal election interference case against the former president earlier this month.
“Based on these new legal developments, Mr. Biden moves to dismiss the indictment brought against him because the Special Counsel who initiated this prosecution was appointed in violation of the Appointments Clause as well,” the filing states.
“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 filing continues.
Justice Clarence Thomas’ July 1st opinion was referenced three times in Judge Cannon’s decision to dismiss the case on Monday. Smith’s designation as special prosecutor in the two Trump cases had been questioned by Thomas, especially given Smith’s history of going after Trump.
“If there is no law establishing the office that the Special Counsel occupies, then he cannot proceed with this prosecution,” Thomas stated.
Though Biden’s attorneys contended to U.S. District Judge Maryellen Noreika that both opinions were relevant and showed that their clients were “different defendants, but [with the] same constitutional flaws,” they are not legally binding in the Delaware case.
Cannon’s Trump ruling is now being appealed by Smith’s office.
“The dismissal of the case deviates from the uniform conclusion of all previous courts to have considered the issue that the Attorney General is statutorily authorized to appoint a Special Counsel,” said spokesperson Peter Carr.
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