Hunter Biden was found guilty on all counts by a Delaware jury. (AP Photo/Matt Slocum)
In the Trump case, Judge Aileen Cannon found that the appointment of Special Counsel Jack Smith was unconstitutional because he was appointed by Garland and not confirmed by the Senate, violating the Constitution’s Appointments Clause. The Department of Justice said this week it is appealing that ruling. A spokesperson for Smith had previously said that "the dismissal of the case deviates from the uniform conclusion of all previous courts to have considered the issue that the Attorney General is statutorily authorized to appoint a Special Counsel," and that the Justice Department has authorized the Special Counsel to appeal the court’s order.
In the Hunter Biden case circumstances are different because Weiss was Senate confirmed as U.S. Attorney in Delaware, but Biden’s attorneys are arguing that since Trump’s case was dismissed, so should theirs.
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"Based on these new legal developments, Mr. Biden moves to dismiss the indictment because the Special Counsel who initiated this prosecution was appointed in violation of the Appointments Clause as well," the request says.
"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," the lawyers said.
It means that President Biden’s son is trying to get cases thrown out using a ruling that helped Biden’s presidential rival, and a ruling that is currently being challenged by the Department of Justice.
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Former President Donald Trump headlines a Republican National Committee spring donor retreat, in Palm Beach, Florida on May 4, 2024 (Donald Trump 2024 campaign)
While the recent decision from Cannon in the Trump case may be persuasive, it is also not binding because it took place in a different federal jurisdiction. But if the motion to dismiss is decided in Biden’s favor, it also benefits Trump, as his team will have another argument to make as they make the case that the Smith appointment was unlawful.
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Biden’s team has requested an August 5th hearing for the motion.
Fox News' Bill Mears, Lee Ross, David Spunt, Jake Gibson, Brooke Singman and the Associated Press contributed to this report.
Adam Shaw is a politics reporter for Fox News Digital, primarily covering immigration and border security.
He can be reached at adam.shaw2@fox.com or on Twitter.
https://www.foxnews.com/politics/hunter-biden-wants-gun-tax-cases-tossed-citing-trump-dismissal-challenged-president-bidens-doj