Hunter Biden cites Judge Cannon ruling in attempt to dismiss his case

18 July 2024

US District Court Judge Aileen Cannon — who was appointed to the bench by Donald Trump — dismissed the former president's Mar-a-Lago classified documents case earlier this week, which The Washington Post reports is "what many legal scholars considered the strongest criminal case against the" MAGA hopeful "and the one that was on the surest legal footing."

Now, Hunter Biden is seeking "to dismiss the criminal tax and gun cases against him," and using Cannon's ruling to justify his reasoning, according to CNBC.

Characterizing special counsel Jack Smith as a "private citizen exercising the full power of a United States Attorney," the Trump-appointed judge ruled that Smith — who brought the documents case against Trump — was unconstitutionally appointed.

The special counsel moved to appeal Cannon's ruling Wednesday.

On Thursday, CNN noted:

Smith’s best possible outcome might be that the appeals court reverses Cannon’s ruling invalidating his appointment, the Supreme Court lets that stand and several months from now – assuming Trump is not elected to the White House this November – the criminal case can pick up right where it left off, in front of Cannon, a Trump-appointed judge in Fort Pierce, Florida, who has shown no eagerness to get the proceedings to trial.

"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," Hunter Biden’s attorneys submitted in their filing, according to CNBC.

ABC News reports the lawyers added, "Different defendants but same constitutional flaws. Who the individual is who is the subject of investigation by an improperly appointed Special Counsel cannot make a difference in applying the law."

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