Hunter Biden’s legal team cited two court decisions favoring Donald Trump in a Thursday motion asking a court to throw out his own criminal cases, arguing that an opinion by Supreme Court Clarence Thomas and a ruling by Judge Aileen Cannon establish a precedent that justify the dismissal of the gun and tax charges against the president’s son. In her Monday decision, Judge Aileen Cannon found that Jack Smith, the special counsel tapped to lead Trump’s prosecution, had been improperly appointed. Cannon was “guided” in her ruling by Thomas, who penned a concurring opinion in Trump’s immunity case earlier this month questioning the legality of Smith’s appointment, Biden’s lawyers wrote in their motion. “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,” they wrote, referring to the appointment of special counsel David Weiss, who is prosecuting Biden. The president’s son was convicted last month on three firearm-related felony counts. Over in Los Angeles, he has pleaded not guilty to tax-related charges.
