Biden Hunter is using two court opinions favorable to his father’s political rival to argue his conviction for possession of a weapon should be thrown away.
In federal court documents filed in Delaware, Biden HunterMichael’s lawyers asked the judge who oversaw the gun trial to dismiss the case against him because of a ruling from a federal court in Florida. archiving the case of classified documents against the former president donald trump.
In Monday’s ruling, U.S. District Judge Aileen Cannon dismissed Jack SmithTrump’s criminal case against Trump, alleging that the appointment and funding for the special lawyer were illegal.
President Joe BidenJames’ son claims that this ruling, plus Justice Clarence Thomas’ concurrence in the Supreme Court ruling presidential immunity decision in the federal election interference case against Trump this month, are grounds to dismiss special counsel David Weiss’ case against him.
“Based on these new legal developments, Mr. Biden decides to dismiss the charge brought against him because the Special Counsel who initiated this proceeding was also appointed in violation of the Appointments Clause,” the lawsuit says.
“The Attorney General relied on exactly the same authority to appoint the Special Counsel in the Trump and Biden matters, and both appointments are invalid for the same reason,” the attorney general said. archiving argues.
A spokesperson for Weiss’ office said: “We are aware of the request and will respond in due course.”
Biden Hunter it was ccondemned last month of three criminal charges linked to possession of a weapon while using drugs. His sentencing date has not yet been set.
Cannon’s ruling dismissing the documents case on Monday cited Thomas’s July 1 opinion 3 times. Thomas’ opinion questioned Smith’s appointment as special counsel in the two Trump cases.
“If there is no law establishing the position that the Special Prosecutor holds, then he cannot proceed with this process,” Thomas said. he wrote.
Neither opinion is binding on the Delaware case, but Biden’s lawyers argued to U.S. District Judge Maryellen Noreika that they were applicable and demonstrate that they are “different defendants but with the same constitutional flaws.” They urged her to correct the “miscarriage of justice.”
Joe Biden said in a interview with NBC News anchor Lester Holt this week that Cannon’s decision was “illusory” TheIt is what “I do not agree with Clarence Thomas’ dissent and/or the Supreme Court’s ruling on immunity.”
Smith’s office is appealing Cannon’s decision.
“The dismissal of the case diverges from the uniform conclusion of all previous courts that have considered the issue that the Attorney General is legally authorized to appoint a Special Counsel,” spokesman Peter Carr said in a statement.
This article was originally published in NBCNews. with
