Nine separate motions seek to dismiss charges against Hunter Biden, but look like Trump arguments
Some of us were struck by how Fulton County District Attorney Fani Willis seemed to morph into the man she is prosecuting in Georgia. In her mocking, combative testimony February 15, Willis lashed out against the media, the lawyers and many in the public for questioning her ethics in hiring her former lover as lead prosecutor. Where former President Donald Trump was roundly condemned for such testimony in court, Willis was celebrated by many as showing that she is a "great lawyer" and righteous champion.
Now, Hunter Biden also seems to have gone full Trump in court and no one appears to have noticed. In a flurry of motions, Hunter is seeking to dismiss indictments in two states. However, his arguments are strikingly familiar.
He is challenging the appointment of the special counsel, alleging selective prosecution and raising strategic leaks as reasons to strike all of his pending charges. The motions are ripped from the pages of Trump challenges, which were widely panned by the media. No longer.
Hunter has filed a flurry of nine separate motions seeking to dismiss charges against him. His arguments included challenging the authority of special counsel David Weiss as improperly appointed. Hunter maintains that "This prosecution is not legally authorized because David Weiss was unlawfully appointed as Special Counsel and Congress has not appropriated funds for the Special Counsel’s investigation or this prosecution."
Hunter Biden, center, and his attorneys Abbe Lowell, right, and Kevin Morris, left, arrive for the House Oversight and Accountability Committee markup titled "Resolution Recommending That The House Of Representatives Find Robert Hunter Biden In Contempt Of Congress," in Rayburn Building on Wednesday, January 10, 2024. (Tom Williams/CQ-Roll Call, Inc via Getty Images)
He argues that DOJ regulations instruct the attorney general to appoint a special counsel from outside the government, but Weiss was working as U.S. attorney for Delaware.
During the recent Trump appeal in Washington, there was also a claim that Special Counsel Jack Smith's work was unconstitutional, though the challenge was based on the absence of an authorizing statute.
Hunter is also arguing selective prosecution and that the Justice Department caved into political pressure to target him despite a lack of criminal evidence. Much like Trump, Hunter is also arguing that leaks showed the bias and hostility of the Justice Department against him.
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At the same time, Hunter is pursuing a challenge to the underlying gun law that his father has championed as strengthening gun control laws. Worst yet for many on the left, Hunter is adopting an argument from the National Rifle Association (NRA) and other gun rights groups in calling such laws unconstitutional under the Second Amendment.
Hunter is pursuing the arguments from Bruen v. New York Rifle & Pistol Association, which his father has condemned. He insists that requirements that you not be an actual drug addict run against the history and tradition of the Second Amendment.
If he pushed forward on these claims, Hunter Biden could face opposition from the Biden administration in seeking to expand Second Amendment protections in court. Yet, if successful, he would be the first Biden to be honored by the NRA.
Hunter is also adopting one of the most criticized practices of Trump in attacking the whistleblowers who came forward with allegations against him. Where Trump attacked the whistleblowers in the Ukraine controversy, Hunter has attacked IRS whistleblowers Gary Shapley and Joseph Ziegler.
Hunter is also arguing selective prosecution and that the Justice Department caved into political pressure to target him despite a lack of criminal evidence. Much like Trump, Hunter is also arguing that leaks showed the bias and hostility of the Justice Department against him.
Of course, adopting the same arguments and rhetoric of Trump does not make you Trump. That appears the critical distinction for many in the media, as it was for Willis. These arguments are being soberly analyzed on media platforms where Trump's prior arguments were categorically rejected.
The only thing that remains is for Hunter to declare that he is only trying to Make America Great Again by nullifying independent counsels and expanding the Second Amendment. Indeed, it could be the start of a Biden MAGA movement.
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