
Hunter Biden wants gun and tax cases tossed, citing Trump dismissal challenged by President Biden's DOJ
Fox News
Hunter Biden is seeking for the criminal cases against him to be tossed, citing the recent dismissal of a case against former President Trump that the DOJ is now challenging.
Biden’s attorneys are arguing that Special Counsel David Weiss was illegally appointed because he was not Senate-confirmed as special counsel. This is the same issue that resulted in the case against Trump over the handling of classified documents thrown out. Both men were prosecuted by special counsel appointed by Attorney General Merrick Garland. Adam Shaw is a politics reporter for Fox News Digital, primarily covering immigration and border security.
He can be reached at adam.shaw2@fox.com or on Twitter.
In the Trump case, Judge Aileen Cannon found that the appointment of Special Counsel Jack Smith was unconstitutional because he was appointed by Garland and not confirmed by the Senate, violating the Constitution’s Appointments Clause. The Department of Justice said this week it is appealing that ruling. A spokesperson for Smith had previously said that "the dismissal of the case deviates from the uniform conclusion of all previous courts to have considered the issue that the Attorney General is statutorily authorized to appoint a Special Counsel," and that the Justice Department has authorized the Special Counsel to appeal the court’s order.