Hunter Biden wants gun and tax cases tossed, citing Trump dismissal challenged by President Biden's DOJ

Hunter Biden has asked for criminal cases against him in Delaware and California to be thrown out of court, citing the dismissal of a case involving former President Trump and arguing that Special Counsel David Weiss was illegally appointed.

Biden's lawyers are requesting that both federal cases be thrown out. He was convicted last month on three felony charges related to a handgun purchase in 2018, and a case in California about alleged federal tax crimes is ongoing.

Biden’s attorneys are arguing that Special Counsel David Weiss was illegally appointed because he was not Senate-confirmed as special counsel. This is the same issue that resulted in the case against Trump over the handling of classified documents thrown out. Both men were prosecuted by special counsel appointed by Attorney General Merrick Garland.

JACK SMITH APPEALS JUDGE'S DECISION TO TOSS TRUMP'S CLASSIFIED DOCUMENTS CASE IN FLORIDA

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