Lawyers for Hunter Biden on Thursday asked two federal judges – one in California – and one in Delaware – to dismiss the criminal cases against him.
Hunter Biden is currently facing federal tax fraud charges in California.
In December Hunter Biden was hit with a 9-count indictment filed in the Central District of California: Tax evasion, failure to file/pay taxes, and false/fraudulent tax return.
The indictment was handed down by Special Counsel David Weiss after a sweetheart plea deal on tax charges fell apart last summer.
In September Hunter Biden was indicted on federal gun charges. He was indicted in a Delaware court on three counts related to his possession of a firearm while using drugs.
Prosecutors proved that Hunter Biden was smoking crack when he purchased a firearm in 2018.
Last month jurors returned a verdict in Hunter Biden’s criminal gun trial after three hours of deliberations – GUILTY OF ALL THREE FELONIES!
Hunter Biden is facing 25 years in prison in the Delaware gun case.
Hunter’s lawyers filed motions in two federal courts citing Judge Cannon’s ruling on her decision to toss Jack Smith’s classified documents case and Supreme Court Justice Clarence Thomas’ opinion.
Judge Cannon dismissed Jack Smith’s case based on both unconstitutional elements: The appointment by US Attorney Merrick Garland and the unlimited funding given to Jack Smith – both without the approval of Congress.
Hunter’s lawyers argued that David Weiss, a US Attorney from Delaware, was improperly appointed as special counsel.
CNBC reported:
Lawyers for Hunter Biden on Thursday asked federal judges in California and Delaware to dismiss the criminal cases against him in their courts, citing a recent opinion by Supreme Court Justice Clarence Thomas and the related dismissal this week of the criminal classified documents case against former President Donald Trump.
Biden’s lawyers in motions filed in both courts pointed to those two opinions — which questioned the legality of the appointment of special counsel Jack Smith to prosecute Trump — in arguing that the appointment of U.S. Attorney David Weiss as special counsel for prosecutions of the son of President Joe Biden was unconstitutional.
The motions follow the ruling Monday by Florida federal court Judge Aileen Cannon tossing out Smith’s prosecution of Trump over his retention of classified documents after leaving the White House. Cannon ruled that Smith’s appointment as special counsel violated the Appointments Clause of the U.S. Constitution.
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