Biden says precedence established in Trump’s classified documents case should prevail in his own tax and gun cases
Hunter Biden is being prosecuted by a special counsel, similar to how Trump was being prosecuted in his classified documents case.Hunter Biden is being prosecuted by a special counsel, similar to how Trump was being prosecuted in his classified documents case.
In a pair of filings on Thursday, lawyers for Hunter Biden said the same logic should apply in his cases and should result in the dismissal of a pending tax prosecution in Los Angeles – currently set for trial in September – and a separate firearm case in Delaware, in which Hunter Biden was convicted in June of three felony charges.
“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,” Biden’s lawyers wrote, also citing an opinion this month by supreme court justice Clarence Thomas that questioned the propriety of a special counsel appointment.
Smith and the special counsel who prosecuted Biden, David Weiss, are different in that Smith was hired from outside the justice department while Weiss was working as the US attorney in Delaware at the time of his appointment.
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