Hunter Biden tries to toss criminal cases using Trump special counsel ruling
- Lawyers for the US president’s son argue that the conviction should be thrown out for the same reason Trump’s case was dismissed
US President Joe Biden’s son, Hunter Biden, moved on Thursday to throw out his criminal conviction on gun charges and dismiss a separate case accusing him of tax evasion based on an argument that the special counsel prosecuting him was unlawfully appointed.
Biden’s lawyers cited a federal judge’s decision on Monday to dismiss the criminal case accusing former US president Donald Trump of illegally retaining classified documents after leaving office.
Florida-based US District Judge Aileen Cannon found the appointment of the special counsel in that case, Jack Smith, violated the US Constitution because Congress had not given him the authority to pursue the case. Smith’s office is appealing.
“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,” Biden’s lawyers argued in a court filing.
A different special counsel, David Weiss, secured Hunter Biden’s conviction last month in Delaware federal court on charges he lied about his illegal drug use to buy a gun. Weiss is also leading a tax case against Biden that is scheduled to go to trial in September. Biden has pleaded not guilty in that case.
A spokesperson for Weiss did not immediately respond to a request for comment.
