Hunter Biden is using a pair of judicial opinions that were favorable to his father’s political rival to argue his conviction on gun charges should be tossed out.
In papers filed in federal court in Delaware, Hunter Biden’s attorneys asked the judge who oversaw his gun trial to dismiss the case against him because of a federal court ruling in Florida dismissing the classified documents case against former President Donald Trump.
In the ruling Monday, U.S. District Judge Aileen Cannon dismissed Jack Smith‘s criminal case against Trump on the grounds that the appointment of and funding for the special counsel were illegal.
President Joe Biden’s son is also contending that ruling and a concurrence by Justice Clarence Thomas in the Supreme Court’s presidential immunity decision in the federal election interference case against Trump is reason to dismiss special counsel David Weiss’s case against him.
“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,” the filing says.
