Mr. Biden’s legal team pointed to a decision by a federal judge in Florida, who ruled that the special counsel in Mr. Trump’s case, Jack Smith, had been unconstitutionally appointed.
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Hunter Biden’s lawyer argued that Judge Aileen M. Cannon’s ruling in Florida should also negate the appointment of the special counsel in Mr. Biden’s gun and tax cases.
Hunter Biden asked a federal court in Delaware on Thursday to toss out his conviction in his gun case, citing the dismissal of charges against former President Donald J. Trump in his classified documents case in Florida.
On Monday, a federal judge in Florida, Aileen M. Cannon, threw out the case against Mr. Trump, saying the special counsel overseeing his prosecution, Jack Smith, had been unconstitutionally appointed.
Hunter Biden, President Biden’s younger son, who has been by his father’s side in recent days as the president faces mounting calls to exit the race, also cited a concurring opinion that Justice Clarence Thomas wrote when the Supreme Court expanded presidential immunity. In it, Justice Thomas raised doubts about how Mr. Smith got his job.
Those decisions have given rise to unusual alliances: President Biden called the Supreme Court’s ruling “specious” and misguided, and his administration almost immediately signaled that it would appeal Judge Cannon’s decision.
Abbe Lowell, Hunter Biden’s lawyer, argued that Judge Cannon’s ruling — which referred to Justice Thomas’s lone concurrence — should also negate the appointment of David C. Weiss, the special counsel in Mr. Biden’s gun and tax cases.
“Guided by Justice Thomas’s opinion, Judge Cannon dismissed an indictment against President Trump earlier this week because the special counsel was unconstitutionally appointed,” Mr. Lowell wrote in a 12-page filing that echoed arguments before Hunter Biden was convicted on three felony counts connected to his purchase of a firearm in 2018.
“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,” he wrote.
Neither opinion is binding on the Delaware case. But Mr. Biden’s lawyers asked the federal district judge, Maryellen Noreika, to correct what they called a “miscarriage of justice.”
A spokesman for Mr. Weiss did not immediately respond to a request for comment. He has been preparing for Mr. Biden’s trial in Los Angeles on tax charges stemming from a period in which the president’s son was addicted to crack and spending lavishly.
But department officials have privately expressed confidence that Judge Cannon’s ruling will be struck down on appeal, and believe that Mr. Biden’s request will be rejected.
Mr. Biden, 54, will be sentenced later this year. He faces up to 25 years in prison, although federal sentencing guidelines call for a fraction of that penalty.
First-time offenders who did not use their weapons to commit violent crimes receive relatively light sentences, and prosecutors suggested they would not seek a sentence more severe than for any other person convicted in such a case.
Glenn Thrush covers the Department of Justice and has also written about gun violence, civil rights and conditions in the country’s jails and prisons. More about Glenn Thrush
See more on: President Joe Biden, Donald Trump, U.S. Politics, U.S. Supreme Court, Clarence Thomas
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Source: nytimes.com
