Attorneys Seek Dismissal of Hunter Biden's Federal Criminal Cases After Judge Rules Special Counsel Appointment Invalid

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ICARO Media Group
Politics
18/07/2024 23h25

Attorneys representing Hunter Biden, son of US President Joe Biden, have filed motions in California and Delaware seeking the dismissal of both his federal criminal cases. The move comes in response to a recent ruling by a federal judge in Florida, which dismissed a classified documents case against former President Donald Trump.

In the filings, Biden's attorneys argued that the appointment of Special Counsel Jack Smith, who was tasked with prosecuting Trump's case, was unconstitutional. They claimed that the Attorney General relied on the same authority to appoint Smith in both the Trump and Biden matters, and therefore both appointments should be deemed invalid.

The recent ruling by U.S. District Judge Aileen Cannon, who declared Smith's appointment in Trump's case as unconstitutional, led legal observers to argue that the same logic should be applied to Hunter Biden's cases. However, Cannon made a distinction between Smith and other special counsels, noting that Smith was not appointed by the Justice Department but was instead a "private citizen exercising the full power of a United States Attorney." Cannon deemed his appointment as effectively usurping the authority of Congress.

Despite this distinction, Biden's attorneys insisted that the same legal standard should apply to both cases. They argued that the identity of the individual being investigated by an improperly appointed Special Counsel should not make a difference in applying the law.

Hunter Biden was previously found guilty of three firearm-related felonies earlier this summer. In his motion, he requested the judge to vacate his conviction. Additionally, in Los Angeles, where he had pleaded not guilty in January to tax-related felonies, Biden sought the dismissal of his indictment.

It remains to be seen how the courts will respond to these motions and whether they will result in the dismissal of Hunter Biden's federal criminal cases. The developments surrounding the improper appointment of the Special Counsel have raised questions about the validity of the investigations and the authority under which they were initiated.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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