WASHINGTON: President Joe Biden’s son, Hunter, asked federal judges on Thursday to dismiss tax and gun cases against him, citing a ruling in Florida this week that threw out a separate prosecution of former President Donald Trump.
The requests in federal court in Delaware and California underscore the potential ramifications of US District Judge Aileen Cannon’s dismissal Monday of the classified documents case against Trump and the possibility that it could unsettle the legal landscape surrounding Justice Department special counsels.
Both Hunter Biden and Trump were prosecuted by special counsels appointed by Attorney General Merrick Garland. In dismissing the Trump case, Cannon ruled that the appointment of the special counsel who prosecuted Trump, Jack Smith, violated the Constitution because he was appointed directly to the position by Garland instead of being nominated by the president and confirmed by the Senate.
Smith’s team has said the Justice Department followed long-establishment precedent — for instance, the Trump-era appointment of special counsel Robert Mueller to investigate Russian election interference was upheld by courts — and has appealed Cannon’s dismissal to a federal appeals court in Atlanta.
In a pair of filings Thursday, lawyers for Hunter Biden said the same logic should apply in his cases and should result in the dismissal of a pending tax prosecution in Los Angeles — currently set for trial in September — and a separate firearm case in Delaware, in which Hunter Biden was convicted in June of three felony charges.
Hunter Biden’s team had raised similar arguments before, unsuccessfully, but they say there’s now good reason to reconsider them. Both of Hunter Biden’s cases are being overseen by judges nominated by Trump. Cannon, the judge who threw out Trump’s case, was also nominated by the former Republican president.
“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,” Hunter Biden’s lawyers wrote. They also cited an opinion this month by Supreme Court Justice Clarence Thomas that questioned the propriety of a special counsel appointment.
“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 lawyers added.
Smith and the special counsel who prosecuted Hunter Biden, David Weiss, are different in that Smith was hired from outside the Justice Department while Weiss was working as the US Attorney in Delaware at the time of his appointment.
A spokesperson for Weiss said they are aware of the filings from Hunter Biden’s legal team and “will respond in due course.”
In her ruling, Cannon noted that a special counsel’s powers are “arguably broader than a traditional United States Attorney, as he is permitted to exercise his investigatory powers across multiple districts within the same investigation.”
Hunter Biden’s lawyers pointed out Thursday that that’s exactly what happened in his case, as Weiss in his role as special counsel filed cases against Biden in California and Delaware and separately brought charges against a former FBI informant charged with lying about the Bidens.
“Mere US Attorneys do not have that power. Given that Congress requires a US Attorney to be nominated by the President and confirmed by the Senate, it makes no sense to assume that Congress would allow the Attorney General to unilaterally appoint someone as Special Counsel with equal or greater power than a US Attorney,” Hunter Biden’s lawyers wrote. “That is what has been attempted here.”
Jurors found Hunter Biden guilty in June of lying about his drug use in 2018 on a federal form to buy a firearm that he had for about 11 days. The trial put a spotlight on a dark period in Hunter Biden’s life during which he became addicted to crack cocaine after the 2015 death of his brother, Beau. He has said he’s been sober since 2019.
Hunter Biden faces up to 25 years in prison when he is sentenced in the gun case by US District Judge Maryellen Noreika, though as a first-time offender he would not get anywhere near the maximum, and there’s no guarantee the judge would send him to prison. She has not set a sentencing date.
The tax case centers on at least $1.4 million in taxes prosecutors say he failed to pay over four years. The back taxes have since been paid.
The long-running federal investigation into the president’s son had looked ready to wrap up with a plea deal last year, but the agreement imploded after a judge raised questions about it. Hunter Biden was subsequently indicted in both cases.
Hunter Biden seeks dismissal of tax, gun cases, citing decision to toss Trump’s classified docs case
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Hunter Biden seeks dismissal of tax, gun cases, citing decision to toss Trump’s classified docs case
- Biden's lawyers are now saying that like in Trump's case, Biden was also prosecuted by a special counsel appointed by the US attorney general, and should therefore be dismissed
- A district judge on Monday dismissed the classified documents case against Trump, ruling that the appointment of a special counsel who prosecuted Trump was not valid
UK Labour MPs ‘scared’ to challenge Starmer on Gaza, Lebanon
- MP Zarah Sultana tells BBC ex-colleagues who disagree with PM risk losing their jobs
- Labour leader has drawn criticism over failure to do more against Israel
LONDON: A former Labour MP has said colleagues are “scared for their jobs” over disagreeing with the party’s leader, UK Prime Minister Keir Starmer, on Israel’s war in Gaza and its invasion of Lebanon.
Starmer has called for immediate ceasefires in both Gaza and Lebanon, saying at the UN General Assembly last week that “escalation serves no one.”
UK Foreign Secretary David Lammy also announced a review into arms export licenses to Israel in July, amid fears that items sold to the country could be used to commit war crimes in Gaza. Thirty licenses were suspended in September.
However, Starmer has found himself at odds with many in his party, with some believing that he has not done enough to facilitate an end to the fighting in the Middle East, or that he has been slow to act. Currently, 320 arms exports licenses from the UK to Israel remain valid.
MP Zarah Sultana, who was suspended by the party earlier this year, told BBC Radio 4’s “Today” program: “Many (disagree with Starmer) because we’re seeing (the) deaths of 41,000 Palestinians in Gaza. We’re seeing death in Lebanon, and we know the UK government could take a different route where it prioritized lives, treated them all equally and ended all arms sales.
“I think it’s deeply concerning that people aren’t willing to be public about that because they’re scared for their jobs.”
One of the program’s hosts, Nick Robinson, told listeners that he had contacted six Labour MPs to ask them to comment on Sultana’s claims, but said: “None would come on the program as they said, and I quote one of the MPs we contacted, ‘it would cost us our jobs.’”
Sultana was one of seven Labour MPs suspended by the party in July after voting for a Scottish National Party motion to amend the King’s Speech, which is the UK government’s policy platform for the coming year. She currently sits as an independent MP in the House of Commons.
UN releases $5 million for flood victims in Nigeria
- The flooding has affected more than 1.2 million people in at least 31 out of Nigeria’s 36 states
- Several Nigerian states hit by flooding have seen rises in the cases of cholera
LAGOS: The United Nations Wednesday said it had released $5 million to help flood victims in Nigeria, where the rainy season has killed more than 300 people and caused widespread damage.
The money from its Central Emergency Relief Fund will help “scale up the flood response and address critical needs in three of the most flood affected states in Nigeria,” the UN said in a statement. They are Borno and Bauchi in the northeast, and Sokoto in the northwest.
The flooding has affected more than 1.2 million people in at least 31 out of Nigeria’s 36 states in the West African country, according to the National Emergency Management Agency (NEMA).
Around 127,500 hectares of farmland has also been affected.
“Floods across Nigeria have created a crisis within a crisis,” said Mohamed Malick Fall, the UN coordinator in Nigeria.
“Millions of people were already facing critical levels of food insecurity before the floods because of economic hardships that have made it exceedingly difficult for the most vulnerable to feed themselves and their families.
“The floods have compounded people’s suffering.”
The latest emergency aid is in addition to the $6 million already released by the Nigerian Humanitarian Fund.
Several Nigerian states hit by flooding have seen rises in the cases of cholera.
Last month, severe flooding disaster killed at least 31 people and forced around 400,000 out of their homes in northeastern city of Maiduguri, the Borno state capital.
In 2022, more than 500 people died and 1.4 million were displaced in the country’s worst floods in a decade.
More UK charter flights to evacuate nationals from Lebanon
- More than 150 British nationals and their dependents were evacuated on Wednesday
- Many commercial airlines have suspended flights to and from Beirut
LONDON: Britain will charter more flights to help citizens and dependents leave Lebanon, the foreign office said on Thursday as Israel continued to strike Beirut overnight.
More than 150 British nationals and their dependents were evacuated from the Lebanese capital on a UK government chartered flight that arrived in Birmingham, central England, on Wednesday, the ministry said.
“A limited number” of flights will depart from Beirut’s Rafic Hariri International Airport on Thursday, and “will continue for as long as the security situation allows,” it added.
The Foreign Commonwealth and Development Office (FCDO) said it was ready to support “hundreds” more to leave Lebanon in the coming days.
The statement came a day after Defense Secretary John Healey visited Cyprus, where 700 British troops and staff are stationed to prepare for the possible evacuations.
Many commercial airlines have suspended flights to and from Beirut.
“Recent events have demonstrated the volatility of the situation in Lebanon,” Foreign Secretary David Lammy said Thursday, reiterating his message for nationals to “leave the country immediately.”
As of last week, there were around 5,000 British nationals, dual nationals and dependents in Lebanon, according to government estimates.
Israel has intensified its bombing of southern Lebanon and parts of Beirut, saying it aims to secure its northern border after nearly a year of hostilities with Iran-backed Hezbollah.
The fighting has cost more than 1,000 lives in Lebanon so far.
The British government has confirmed that two of its fighter jets and a tanker were involved in responding to Iran’s firing of a barrage of missiles at Israel on Tuesday, although they “did not engage any targets.”
Russian man jailed for burning Qur’an charged with treason
- Russia’s prosecutor general’s office said that 20-year-old Nikita Zhuravel was accused of sending footage of a freight train carrying warplanes
MOSCOW: A Russian man jailed in February for burning the Qur’an has been charged with treason by prosecutors who accuse him of passing video footage of military movements to Ukraine.
In a statement, Russia’s prosecutor general’s office said that 20-year-old Nikita Zhuravel was accused of sending footage of a freight train carrying warplanes, and information about the movements of a car linked to a Russian military base to a representative of Ukrainian intelligence.
It said Zhuravel had volunteered himself to send the Ukrainian intelligence officer the data.
Reuters was not immediately able to identify a lawyer representing Zhuravel in the treason case.
Zhuravel is serving a three-and-a-half-year sentence after being convicted under Russia’s law against offending religious believers, for publicly burning a Qur’an in his home city of Volgograd.
His case drew international attention last year when Chechen leader Ramzan Kadyrov published a video in which his son Adam was shown beating and kicking the defendant while he was in prison awaiting trial.
Russian investigators had earlier transferred his case to Chechnya. The Investigative Committee, which handles serious crimes, said this was because they received many messages from residents of the heavily Muslim region asking to be designated injured parties.
Armed assailants kill four in attack on Mexico rehab center
- The attack took place in Salamanca in the central state of Guanajuato on Tuesday night
- Guanajuato is Mexico’s most violent state, according to official homicide statistics
CELAYA, Mexico: Armed assailants attacked a drug rehabilitation center in Mexico, killing four people and wounding five others, local authorities said Wednesday.
The attack took place in Salamanca in the central state of Guanajuato on Tuesday night, the municipal government said in a statement.
Police and the National Guard “initiated a chase to find those responsible,” but the attackers escaped by throwing down metal spikes to puncture the tires of security forces in pursuit, it said.
Police said three bodies of those killed were found inside the rehab center while a fourth was found in the street.
No suspects have been arrested yet.
Disputes between drug gangs have led to rehab centers being targeted in several attacks in Mexico.
Authorities say some rehab centers are used as safe havens by suspected members of criminal groups, who are attacked by their rivals when found.
Guanajuato is Mexico’s most violent state, according to official homicide statistics, due to fighting between the local Santa Rosa de Lima cartel and the powerful Jalisco New Generation.
Mexico has recorded more than 450,000 murders since December 2006, when a controversial military anti-drug operation was launched.
