Hunter Biden’s lawyers are seeking to leverage a bombshell decision tossing out the classified documents case against former President Donald Trump to get two criminal cases dismissed against the first son, new court papers show.
Attorneys for President Biden’s 54-year-old son claimed in a filing Thursday that the appointment of special counsel David Weiss to two federal probes against Hunter is “unconstitutional.
“Mr. Biden brings this motion for lack of jurisdiction to challenge as unconstitutional the appointment and subsequent unlawful funding of these cases,” lawyers Abbe Lowell and Bartholomew Dalton wrote in papers filed in California federal court.
Florida federal Judge Aileen Cannon in a decision from Monday found that special counsel Jack Smith’s prosecutorial role in the case charging Trump with hoarding troves of confidential documents at his Mar-a-Lago estate violated the Appointments Clause of the Constitution.
Hunter’s lawyers say the same argument should be applied to special counsel David Weiss.
Smith’s office has filed a notice of appeal of Cannon’s decision which isn’t final.
Hunter Biden’s lawyers are seeking to leverage a bombshell decision tossing out the classified documents case against former President Donald Trump to get two criminal cases dismissed against the first son, new court papers show. Getty ImagesHowever, Weiss and Smith’s appointments to their special counsel posts are not the same since Smith was only appointed by US Attorney General Merrick Garland — and not confirmed by Congress — a fact on which Cannon based her dismissal.
Weiss, on the other hand, had already been confirmed by Congress to his role as the Delaware US Attorney before Garland moved him into the special counsel role.
The issue of potential problems with Smith’s appointment was raised earlier this month by US Supreme Court Justice Clarence Thomas in an opinion, which Cannon pointed to in her decision and which Hunter’s lawyers referenced.
Attorneys for President Biden’s 54-year-old son claimed in a filing Thursday that the appointment of special counsel David Weiss to two federal probes against Hunter is “unconstitutional. APThe Department of Justice didn’t immediately return a request for comment Thursday afternoon.
Weiss indicted Hunter, 54, in Wilmington, Del., on felony gun charges last September, and three months later in Los Angeles on felony tax fraud for evading $1.4 million he owed to the IRS.
The Biden scion was found guilty in the gun case at a June trial and he faces up to 25 years in prison.
Hunter’s lawyers say the same argument should be applied to special counsel David Weiss. rfarainoA sentencing date hasn’t been set yet.
The trial in the tax case is currently set to begin in September.
A spokesman for Weiss’ office said: “We are aware of the filing and will respond in due course.






