What’s Good for the Donald Is Good for the Hunter

AP reports on Hunter Biden’s motion to dismiss the special counsel’s case against him, based on Judge Cannon’s dismissal of the classified documents case against Trump:

President Joe Biden’s son, Hunter, asked federal judges on 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.

The requests in federal court in Delaware and California underscore the potential ramifications of U.S. District Judge Aileen Cannon’s dismissal Monday of the classified documents case against Trump and the possibility that it could unsettle the legal landscape surrounding Justice Department special counsels.

Both Hunter Biden and Trump were prosecuted by special counsels appointed by Attorney General Merrick Garland. In dismissing the Trump case, Cannon ruled that the appointment of the special counsel who prosecuted Trump, Jack Smith, violated the Constitution because he was appointed directly to the position by Garland instead of being nominated by the president and confirmed by the Senate.

Update: Hunter Biden’s motions to dismiss the Delaware and California cases against him may be found here and here. There is a difference between the special counsels in the Trump and Hunter Biden cases. As the Hill notes, “unlike [Jack] Smith, who came from outside the Justice Department to investigate Trump, [Hunter Biden prosecutor David] Weiss was confirmed by the Senate to his position as U.S. attorney for Delaware.” Accordingly, there’s an argument that his appointment was permissible under 28 U.S.C. § 510, which allows the Attorney General to “make such provisions as he considers appropriate authorizing the performance by any other officer, employee, or agency of the Department of Justice of any function of the Attorney General.” So maybe not so good for Hunter, although he argues that the Attorney General didn’t just delegate authority to Weiss but appointed him to a new position.

Share this: