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Hunter Biden requests dismissal

Lawyers refer to Trump

Hunter Biden (r.) must answer to court for illegal gun possession and tax evasion.
Hunter Biden (r.) must answer to court for illegal gun possession and tax evasion.

Hunter Biden requests dismissal

In Florida, the proceedings against Donald Trump in his document affair have been halted. Hunter Biden now claims the same reasoning applies to his case. The son of the US President has requested the dismissal of two proceedings against him.

Hunter Biden, the son of the US President, has filed motions to dismiss proceedings against him for illegal gun possession and tax fraud at the appropriate courts in the states of Delaware and California. His attorneys referred to the most recent court decision in Florida, where a federal judge, Aileen Cannon, halted the proceedings against former President Donald Trump in his document affair.

In Trump's case, the judge's decision was based on the US Department of Justice appointing the special prosecutor Jack Smith to investigate the case. In her 93-page ruling, Cannon argued that the Justice Department's appointment of the special prosecutor through the Attorney General violated the US Congress' rights in appointing leading members of the justice system.

The charges against Joe Biden's son were also brought by a special prosecutor. According to Biden's attorneys, the proceedings against him should also be dismissed for the same reason. Attorney General Merrick Garland based his appointment of a special prosecutor in the cases of Trump and Hunter Biden "on the exact same authority." One of Biden's attorneys, Abbe Lowell, argued, "Both appointments are invalid." In both cases, there are "different defendants," but it involves "the same constitutional issues."

In June, Hunter Biden was found guilty of illegal gun possession. In the first US trial against the child of a sitting president, the jury found the 54-year-old guilty in all three counts. The sentencing will be announced at a later time. In September, Hunter Biden must also appear in court for tax fraud. The former lawyer, businessman, and lobbyist had already spoken candidly about his former alcohol and drug addiction in his 2021 autobiography, which he claimed he had overcome since 2019.

Despite Donald Trump's document affair proceedings being halted in Florida due to a special prosecutor's appointment, California and Delaware courts face motions to dismiss cases against Joe Biden's son, Hunter, for similar reasons. Both cases involve special prosecutors appointed by Attorney General Merrick Garland, with Biden's attorneys arguing that the appointments are invalid due to potential Congressional rights infringements.

In California, Hunter Biden is facing charges of tax fraud, but his legal team is using the Donald Trump case in Florida as a precedent to pursue dismissal. Mimicking arguments made in Trump's case, Biden's lawyers contend that the Justice Department overstepped its bounds in appointing the special prosecutor.

The politics surrounding Hunter Biden's legal battles in California and Delaware bear striking resemblances to those of his father's predecessor, Donald Trump, in the USA, as both cases raise questions about the balance of power between the Executive and Congressional branches.

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