Hunter Biden, son of U.S. President Joe Biden, is seeking to overturn his recent conviction by citing a recent appeals court ruling in favor of former President Donald Trump. Biden was convicted on June 11 for lying about his drug use to purchase a gun in 2018, becoming the first child of a sitting president to face a criminal conviction.
His legal team argues that a ruling on July 15 in favor of Trump, which found the appointment of the Special Counsel to prosecute Trump unlawful, sets a precedent for Biden’s case. The Special Counsel is appointed in cases where there is a conflict of interest, such as those involving sitting and former presidents.
The case against Trump, led by Special Counsel Jack Smith, was dismissed after Judge Aileen Cannon ruled the appointment of Smith as unlawful. Smith was appointed to prosecute Trump for retaining classified documents at his Mar-a-Lago property in Florida, and his office is appealing the verdict.
Biden’s lawyers claim that the appointment of Special Counsel David Weiss to prosecute him was done under similar conditions as Smith’s appointment. Judge Cannon’s ruling emphasized the proper procedure for such appointments, stating that officers must be nominated by the president and confirmed by the Senate or appointed by Congress and signed into law by the president.
As Biden faces a tax case led by Weiss scheduled for trial in September, his legal team is challenging the appointment process, likening it to a “bait-and-switch.” They argue that the defect in Smith’s appointment should also apply to Biden’s case due to the same constitutional flaws.
Judge Cannon’s ruling could have significant implications for the appointment powers of the attorney general in handling sensitive investigations, potentially impacting practices within the U.S. Justice Department. Following the ruling, ex-FBI informant Alexander Smirnov, charged by Weiss in the same investigation into alleged Biden family corruption, has moved to have his charges dismissed over allegations of lying to the FBI about a bribe involving the Bidens.
