Hunter Biden's legal representatives have recently submitted a motion to dismiss the charges brought against him by special counsel David Weiss.
The motion, filed on Thursday, draws on a recent opinion by Supreme Court Justice Clarence Thomas as its primary defense.
As reported by the Daily Caller, the legal team for President Biden's son has referenced a recent ruling by Judge Aileen Cannon. In this ruling, Cannon dismissed the case against former President Donald Trump concerning classified documents, declaring the appointment of special counsel Jack Smith unconstitutional. This decision was based on a concurring opinion from Justice Thomas, who questioned the constitutionality of Smith's appointment, given that Smith was a private citizen who had not been confirmed by Congress or had an office created through legislation.
The legal team for Biden argues that the Attorney General used the same authority to appoint the Special Counsel in both the Trump and Biden cases, rendering both appointments invalid for the same reason. Weiss, unlike Smith, was nominated by a president and confirmed by the Senate as a U.S. attorney. However, Biden's lawyers maintain that this distinction is irrelevant.
The crux of their argument lies in the claim that "Congress has not established the office of a Special Counsel," as stated by Biden's legal team. They further argue that given the requirement for a U.S. Attorney to be nominated by the President and confirmed by the Senate, it is illogical to assume that Congress would permit the Attorney General to independently appoint a Special Counsel with equal or greater power than a U.S. Attorney.
However, both Justice Thomas and Judge Cannon have expressed in their opinions that Senate appointment is a critical factor when assessing the constitutionality of a special counsel appointment. Cannon, in her ruling dismissing the charges against Trump, emphasized that the Appointments Clause establishes that all 'Officers of the United States' must be appointed by the President and confirmed by the Senate.
Justice Thomas, in his opinion, asserted that "a private citizen cannot criminally prosecute anyone, let alone a former President."
Hunter Biden, who was convicted by a Delaware federal court on three felony counts related to his purchase of a handgun while using illicit substances, is also awaiting trial in a federal court in Los Angeles for federal tax crime charges. His legal team is seeking to have his convictions overturned and both cases dismissed.
The legal team for Biden did not immediately respond to requests for comment from the Daily Caller News Foundation. The outcome of this motion could set a significant precedent for future cases involving the appointment of special counsels, potentially reshaping the landscape of legal proceedings at the highest levels of government.
Login