Hunter Biden Moves to Dismiss Case, Argues Special Counsel Unlawfully Appointed

Attorneys for Hunter Biden on July 18 moved to dismiss his federal gun case, in which a jury returned a guilty verdict on June 11, arguing that special counsel David Weiss had no jurisdiction to prosecute.

“Mr. Biden brings this motion for lack of jurisdiction to challenge as unconstitutional the appointment and subsequent unlawful funding of these cases,” the motion reads. Defense attorneys are requesting dismissal of the indictment and conviction.

Mr. Biden had previously filed a motion to dismiss before the trial arguing that Mr. Weiss was improperly funded, and is now arguing that he was improperly appointed as well, citing new authority.

First, U.S. Supreme Court Justice Clarence Thomas had questioned, in a concurring opinion in a presidential immunity appeal brought by former President Donald Trump, whether special counsels were funded in line with the appropriations clause of the U.S. Constitution.

Secondly, U.S. District Judge Aileen Cannon in the Southern District of Florida “dismissed an indictment against President Trump earlier this week because the Special Counsel was unconstitutionally appointed.”

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