Hunter Biden's attorneys have requested federal judges in California and Delaware to drop the criminal cases against him. They cited a recent opinion by Supreme Court Justice Clarence Thomas and the dismissal of President Trump's classified documents case earlier this week.
The motions filed in both courts argue that the appointment of U.S. Attorney David Weiss as special counsel for prosecuting Hunter Biden was unconstitutional, referencing the opinions concerning special counsel Jack Smith’s appointment in Trump's case.
Biden's motions emphasize that his lawyers have previously, but unsuccessfully, contended that Weiss's appointment as special counsel was improper, violating DOJ regulations and relying on funding not intended for special counsels.
The motion points out that on July 1, the Supreme Court ruled that Trump had presumptive immunity from criminal prosecution for official acts as president. This decision was relevant to Smith’s ongoing prosecution of Trump in Washington, D.C., for his attempts to “overturn” the 2020 election.
In a concurring opinion, Justice Thomas suggested that Smith’s appointment as special counsel might violate the constitutional framework. He noted that lower courts should determine the constitutionality of special counsels before proceeding with cases against Trump.
On Monday, Judge Cannon ruled accordingly, dismissing the classified documents case against Trump and frequently citing Thomas's concurring opinion. Cannon asserted that Smith’s appointment breached the Appropriations Clause, which stipulates that “officers of the United States — whether ‘inferior' or ‘principal' — must be appointed by the President and confirmed by the Senate.”
Smith, like Weiss in Biden’s cases, was appointed by Attorney General Merrick Garland. Cannon also found that Smith’s use of a permanent funding appropriation violated the Appropriations Clause.
Biden’s lawyers referenced Cannon’s ruling, arguing that Weiss’s use of a permanent funding appropriation similarly renders his indictment of Biden unconstitutional.
Hunter Biden, 54, was convicted in June in Delaware federal court of three felony counts related to his 2018 purchase of a handgun while using and addicted to crack cocaine. He also faces federal tax crime charges in Los Angeles federal court.
Read the court filing here.
