Hunter Biden, citing Trump special counsel ruling, moves to dismiss cases against him

Attorneys for President Joe Biden's son Hunter Biden, citing the recent decision by a federal judge in Florida to dismiss the classified documents case against Donald Trump, filed a pair of motions in California and Delaware Thursday seeking to dismiss both federal criminal cases against him.

"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 for Biden argued in the filings.

U.S. District Judge Aileen Cannon ruled this week that special counsel Jack Smith's appointment in Trump's classified documents case was unconstitutional, prompting several legal observers to argue that the same logic should apply to Hunter Biden.

Cannon's order, however, draws a distinction between Smith and other special counsels.

Attorney General Merrick Garland pulled Smith from The Hague, where he was prosecuting war criminals -- not the Justice Department. By contrast, the special counsel in Hunter Biden's cases, David Weiss, previously served as U.S. Attorney in Delaware, where he had been appointed by the president and confirmed by the Senate.

Cannon characterized Smith as a "private citizen exercising the full power of a United States Attorney," saying that his appointment was unconstitutional because it "effectively usurps" the authority of Congress.

Even so, attorneys for Biden argued in their motions that the same legal standard should apply.

"Different defendants but same constitutional flaws," they wrote. "Who the individual is who is the subject of investigation by an improperly appointed Special Counsel cannot make a difference in applying the law."

Hunter Biden was found guilty on three firearm-related felonies earlier this summer. In his motion Thursday, he asked for the judge to vacate his conviction.

In Los Angeles, where he pleaded not guilty in January to tax-related felonies, Hunter Biden asked for his indictment to be dismissed.