Both Hunter Biden and Trump were prosecuted by special counsels appointed by Attorney General Merrick Garland
Hunter Biden, son of U.S. President Joe Biden, arrives with his wife Melissa Cohen Biden at the federal court for his trial on criminal gun charges, in Wilmington, Del., on June 10.President Joe Biden’s son, Hunter, asked a federal judge Thursday to dismiss tax and gun cases against him, citing a ruling in Florida this week that threw out a separate prosecution of former President Donald Trump.
Smith’s team has said the Justice Department followed long-establishment precedent – for instance, the Trump-era appointment of special counsel Robert Mueller to investigate Russian election interference was upheld by courts – and has appealed Cannon’s dismissal to a federal appeals court in Atlanta.
“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.
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