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US President Joe Biden’s son Hunter has appealed to Delaware and California courts to dismiss tax and gun cases against him. He cited a decision in Florida this week that dismissed a separate prosecution against former President Donald Trump.
In fact, US District Judge Aileen Cannon dismissed the documents case against Trump last Monday. Hunter Biden has appealed to the court regarding this decision. This could cause turmoil in the legal landscape surrounding the Justice Department’s special prosecutors.
Investigation into Russian election interference
Both Hunter Biden and Trump were prosecuted by special prosecutors appointed by Attorney General Merrick Garland. Dismissing Trump’s case, Cannon ruled that the appointment of special counsel Jack Smith, who prosecuted the former president, violated the Constitution because he was directly appointed to the position by Garland. Smith’s team has said the Justice Department has followed long-standing precedent.
For example, the Trump-era appointment of special counsel Robert Mueller to investigate Russian election interference was upheld by the courts and Cannon’s dismissal is being appealed in federal appeals court in Atlanta.
In two documents filed Thursday, Hunter Biden’s lawyers said the same logic should apply to their cases and that the pending tax prosecution in Los Angeles, currently scheduled for trial in September, and a separate weapons case in Delaware, in which Hunter was indicted in June, should be dismissed.
Judges nominated by Trump
Hunter Biden’s team has made similar arguments before but failed, but they say there is good reason to reconsider them now. Both of Hunter Biden’s cases are being overseen by judges nominated by Trump. Judge Cannon, who dismissed Trump’s case, was also nominated by the former Republican president.
They also cited an opinion this month by Supreme Court Justice Clarence Thomas that questioned the propriety of appointing the special counsel. The attorneys general used exactly the same authority to appoint the special counsel in both the Trump and Biden cases, and both appointments are invalid for the same reason, the lawyers said.
Hunter Biden’s legal team
The difference between Smith and David Weiss, the special counsel prosecuting Hunter Biden, is that Smith was appointed from outside the Justice Department, while Weiss was serving as the U.S. attorney in Delaware at the time of his appointment. A spokesman for Weiss said he is aware of the filings from Hunter Biden’s legal team and will respond in due course.
Hunter Biden’s lawyers said Thursday that’s exactly what happened in his case, as Weiss, in his role as special counsel, filed cases against Biden in California and Delaware and separately brought charges against a former FBI informant who was accused of lying about him.
Up to 25 years in prison
Biden could face up to 25 years in prison when he is sentenced in the gun case by U.S. District Judge Maryellen Noreika. However, as a first-time offender, he will not receive the maximum sentence, and there is no guarantee the judge will send him to prison. He has not set a sentencing date.
$1.4 million in taxes
The tax case is worth at least $1.4 million in taxes that prosecutors say he failed to pay over four years. The back taxes have since been paid. The long-running federal investigation into the president’s son was set to end with a plea deal last year, but the agreement collapsed after a plea deal was questioned by the judge. Hunter Biden was later indicted in both cases.
