Hunter Biden requested judges on Thursday to dismiss his criminal charges, arguing that the special counsel appointed to investigate him was unlawfully appointed and funded. This move follows a federal judge’s recent decision that Attorney General Merrick Garland unlawfully appointed special counsel Jack Smith to investigate former President Trump, leading to the dismissal of charges in Trump’s classified documents case.
David Weiss, U.S. attorney for Delaware, is the special counsel investigating Hunter Biden. Biden’s attorney, Abbe Lowell, contends that Weiss’s appointment is invalid for the same reasons cited in Trump’s case. The motion seeks to overturn a jury’s verdict finding Hunter Biden guilty of lying on a federal gun purchase form and illegally possessing a firearm.
U.S. District Judge Maryellen Noreika previously rejected Hunter Biden’s challenge to his special counsel, allowing the case to proceed. Biden has renewed his request citing the Trump case decision. A similar motion was filed in California, where Biden faces charges of filing false tax returns and tax evasion.
The motions argue that Weiss’s Senate confirmation as U.S. attorney does not justify his special counsel appointment and claim unconstitutional funding. Hunter Biden’s attorneys assert that the evolving legal landscape justifies their timing in seeking dismissal.
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