President Biden’s son, Hunter Biden, made a plea to the federal judges to dismiss the cases made against him just like it was done to Donald Trump’s case. Hunter Biden, who was accused of three felony charges for the gun purchase is also arraigned for a newly tax case. He became addicted to drugs following his brother Beau Biden’s demise.
Hunter Biden and Trump were summoned by special counsels appointed by Attorney General Merrick Garland. In dismissal of Trump’s case, Attorney James Smith, the special counsel, violated the constitution because he was directly appointed to the position by Garland instead of being nominated by the president and approved by the senates. The Smiths team came up with an example during the Trump administration when they arranged a special counsel under Robert Mueller to investigate Russian election interference, which was upheld by the courts.
On Thursday, Hunter Biden’s lawyers said the same basis should be applied in Hunter’s cases and the dismissal of a pending tax case in Los Angeles. The trial is going to take place in September along with the firearm case in Delaware.
Hunter Biden’s lawyers wrote that, “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.” They also refer to a stance this month by Supreme Court Justice Clarence Thomas that doubts the nature of a special counsel appointment.
The lawyers added to it, “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.” James Smith was appointed from outside, whereas David Weiss was working as the U.S. Attorney in Delaware at the time of his appointment. Weiss, being a special counsel, filed cases against Biden in California and Delaware and individually placed charges against a former FBI informant charged with lying about the Bidens.
Hunter Biden may face up to 25 years in prison for the gun case and U.S. District Judge Maryellen Noreika has not mentioned the date, so it’s not confirmed that Hunter Biden would go to prison. In the tax case, he failed to pay $1.4 million in taxes in over four years.
The continuing cases regarding Hunter Biden were about to end with a plea deal last year, but the compact collapsed after a judge inquired about it. Hunter Biden was subsequently indicted in both cases.