July 18 (UPI) — Following the controversial decision to dismiss Donald Trump‘s classified document’s case, Hunter Biden filed two motions to dismiss his federal criminal cases on the same grounds.
Attorney’s for President Joe Biden‘s embattled son on Thursday filed two separate motions seeking to dismiss his federal gun case in Delaware and his tax felony charges in California by challenging the appointment of Special Counsel David Weiss in both cases.
“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,” attorneys wrote in the filings.
The motions come after Trump-appointed U.S District Judge Eileen Cannon ruled this week that the appointment of Special Counsel Jack Smith in Trump’s documents trial was unconstitutional and unlawfully funded.
Smith is appealing the decision.
Attorney General Merrick Garland appointed Weiss and Smith as special counsels in a process that has been repeatedly challenged, but until Cannon’s ruling has gotten the green light from judges across the country.
Cannon, in her dismissal order, argued Smith’s appointment was different from other special counsels. Garland tapped Smith from The Hague — where he was prosecuting war criminals — rather than the Justice Department. Weiss, meanwhile had served as U.S. attorney in Delaware, was appointed by the president and confirmed by the Senate.
According to Cannon, Smith was a “private citizen exercising the full power of a United States Attorney” and that his appointment “effectively usurps” Congressional authority.
Biden’s attorneys, however, argued both scenarios have “different defendants but same constitutional flaws.”
Biden in April tried and failed to get his cases thrown out based on similar arguments.
Weiss’ team rebuked Biden’s claims that his office was not legally sounds.
Biden in June was found guilty of three charges related to him buying a gun while he was struggling with an illegal drug addiction.
He’s expected to appear in court this fall in California to answer for tax charges stemming from what Weiss called a “four-year scheme to not pay at least $1.4 million,” based on his foreign business dealings.
Cannon’s Trump ruling also inspired ex-FBI informant Alexander Smirnov, whom Weiss indicted earlier this year for lying to federal agents that he had information incriminating the president and his son in a bribery scheme with a Ukrainian energy company.
Smirnov’s lawyers cited the Cannon ruling in their own attempt to get his charges dismissed.