Hunter Biden is seeking to have the charges from his two criminal cases dropped.
Biden is arguing that Special Prosecutor David Weiss was unconstitutionally appointed, a similar argument to that of Trump’s dismissed classified documents cases, where his lawyers claimed that Special Prosecutor Jack Smith’s appointment was unconstitutional.
According to Axios, Biden’s legal team wrote in their motion to dismiss, “Guided by Justice Thomas’ opinion, Judge Cannon dismissed an indictment against President Trump earlier this week because the Special Counsel was unconstitutionally appointed.”
“Based on these new legal developments, Mr. Biden moves to dismiss the indictment brought against him because the Special Counsel who initiated this prosecution was appointed in violation of the Appointments Clause as well,” the motion read.
A spokesman for Weiss’ office told the New York Post: “We are aware of the filing and will respond in due course.”
While Smith’s appointment by Attorney General Merrick Garland was determined to be unconstitutional due to the lack of confirmation by Congress, Weiss was previously confirmed by Congress for his role as U.S. Attorney for Delaware.
Explaining the unconstitutionality of Smith’s appointment, Judge Aileen Cannon wrote, “The bottom line is this: The Appointments Clause is a critical constitutional restriction stemming from the separation of powers, and it gives to Congress a considered role in determining the propriety of vesting appointment power for inferior officers,” she wrote. “The Special Counsel’s position effectively usurps that important legislative authority, transferring it to a Head of Department, and in the process threatening the structural liberty inherent in the separation of powers.”
“Upon careful study of the foundational challenges raised in the Motion, the Court is convinced that Special Counsel Smith’s prosecution of this action breaches two structural cornerstones of our constitutional scheme—the role of Congress in the appointment of constitutional officers, and the role of Congress in authorizing expenditures by law,” Cannon wrote in her conclusion.
