Hunter Biden Leaning into Trump Defense for Case Dismissals

This is something I have been waiting to see happen ever since Judge Aileen Cannon dismissed Trump’s classified documents case.

Hunter Biden’s legal team has filed motions to have both of his federal cases dismissed.

He is using the fact that Judge Aileen Cannon tossed Trump’s case on the premise that Special Counsel Jack Smith was appointed illegally.

Here We Go

Before I get into the case, just enjoy the irony that the president’s son is using a ruling that the White House panned and that the DOJ is appealing.

Now, the media and Democrats are saying nothing about Hunter’s appeal, yet they trashed Cannon on her ruling.

As far as Hunter’s case is concerned, his attorneys are now alleging that the appointment of Special Counsel David Weiss was illegal per the Cannon ruling that used a note by Justice Thomas in his presidential immunity opinion.

Hunter’s attorneys argued, “The Attorney General relied upon the exact same authority to appoint the Special Counsel in both the Trump and Biden matters, and both appointments are invalid for the same reason.”

The motion continues, “Given that Congress requires a U.S. Attorney to be nominated by the President and confirmed by the Senate, it makes no sense to assume that Congress would allow the Attorney General to unilaterally appoint someone as Special Counsel with equal or greater power than a U.S. Attorney.

“That is what has been attempted here.”

So, if this is illegal, why have so many special counsels been appointed? Well, that is an easy answer.

This issue was litigated roughly two decades ago, and a new rule was set up outlining the AG’s authority to appoint a special counsel in Title 28, Chapter VI, Part 600, § 600.1.

That has never been challenged until now, but if Cannon’s ruling holds, which I don’t believe it will, you are looking at a legal mess that would have to go back to every special counsel appointed since that rule was put in place and overturn every conviction based on those appointments.

I can say with a decent amount of confidence that will not happen, unless there was something very specific that Smith did that overstepped the normal boundaries of a special counsel.

That may very well be the case here, but we will just have to wait to see how this is argued before the appellate court and possibly even before the Supreme Court.