Posted on 07/18/2024 6:09:41 PM PDT by Libloather
Hunter Biden is using a pair of judicial opinions that were favorable to his father's political rival to argue his conviction on gun charges should be tossed out.
In federal court papers filed in Delaware, Hunter Biden’s attorneys asked the judge who oversaw his gun trial to dismiss the case against him because of a federal court ruling in Florida dismissing the classified documents case against former President Donald Trump.
In the ruling Monday, U.S. District Judge Aileen Cannon dismissed Jack Smith’s criminal case against Trump on the grounds that the appointment of and funding for the special counsel were illegal.
President Joe Biden’s son contends that that ruling, plus a concurrence by Justice Clarence Thomas in the Supreme Court’s presidential immunity decision in the federal election interference case against Trump earlier this month, are reasons to dismiss special counsel David Weiss’ case against him.
“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,” the filing 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 filing argues.
(Excerpt) Read more at msn.com ...
I don’t see there that they differ. Thomas is saying that there is no apparent basis to derive prosecutorial powers for Smith, being that he doesn’t hold a legally established position, on top of not having been confirmed to a position with its own prosecutorial authority. At this time, Special Counsel is a extra-legal label rather than a position.
Are you talking about the Presidential immunity ruling, or the hearing as to whether Smith can bring cases at all? They touch each other, but are distinct.
This is about Judge Cannon’s ruling on whether Smith is actually a Prosecutor, and references Thomas’ comments on the same idea. You seem to be referring to the Presidential Immunity aspects of the appeals.
Fair observation.
The US legal system has now four classes of argumentation?
Argue the Politics
Argue the Facts
Argue the Law
Pound the Table
[And (as a sixth) I would propose: Argue the emotions]
MORE than a “fair” Observation....
The “Law” these days is WAY less than deterministic.
Traitor Roberts is totally wrong on his pronouncement that there are NO political Judges.
[“We do not have Obama judges or Trump judges, Bush judges or Clinton judges.”]
Traitor Roberts is apparently an idiot. He’s definitely a part of the problem.
Fifth.
[I only have so many fingers....]
Hmmm, in that case seems like the motion is for show to the low info crowd and the lawyers filing must know its not valid. Very dishonest of them.
Daddy better pardon him quickly.
And what does a gun case have to do with a ruling about a special prosecutor??
And what does a gun case have to do with a ruling about a special prosecutor??
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