By Brooke Mallory, OAN Staff
Thursday, July 18, 2024 5:08 PM
Hunter Biden and his legal team have filed a motion arguing that his gun possession conviction should be thrown out, citing two court decisions that sided with his father’s political rival, Donald Trump.
advertisement
Following a Florida federal court’s decision to dismiss a classified documents lawsuit against former President Donald Trump, Hunter Biden’s lawyers have asked the judge in his gun case to dismiss the charges against him in documents filed in federal court in Delaware.
U.S. District Judge Eileen Cannon on Monday dismissed special counsel Jack Smith’s criminal case against President Trump, citing irregularities in his appointments and funding.
Moreover, many argue that Smith’s involvement presents a clear conflict of interest.
Hunter Biden, meanwhile, argues that special counsel David Weiss’s case against him should also be dismissed based on President Trump’s ruling and Justice Clarence Thomas’ concurrence with the Supreme Court’s ruling on presidential immunity issued earlier this month in a federal election interference case.
“Based on these new legal developments, Biden will seek dismissal of the indictment against him because the Special Counsel who initiated this prosecution was also appointed in violation of the Appointments Clause,” the filing said.
“The Attorney General relied on the exact same authority to appoint special counsels in both the Trump and Biden cases, and both appointments are invalid for the same reasons.” Filing Continue.
Justice Clarence Thomas’ July 1stst The opinion was mentioned three times in Judge Cannon’s decision to dismiss the case on Monday. Thomas had questioned Smith’s appointment as special counsel in two cases involving Trump, given his history of going after Trump.
“Without a statute defining the role of a special counsel, he cannot move forward with this prosecution,” Thomas asserted.
Biden’s lawyers told U.S. District Judge Maryellen Noreika that the two opinions are related and that their clients are “different defendants. [with the] The Delaware lawsuit said it was unenforceable because of the “same constitutional flaws.”
Cannon’s Trump ruling is being appealed by Smith’s office. NBC News.
“The dismissal of this case departs from the uniform conclusion of every court to date that has considered the question of whether the attorney general has the legal authority to appoint a special counsel,” spokesman Peter Carr said.
Stay up to date! Receive the latest news directly in your email for free. Sign up here: https://www.oann.com/alerts
Advertisement below
Please share this post!
