‘This argument fails’: Hunter Biden special counsel defends his appointment by Merrick Garland, provides preview of Jack Smith’s Mar-a-Lago appeal

Hunter Biden, David Weiss, Jack Smith

Left: Hunter Biden (Yuri Gripas/Abaca/Sipa USA/ AP Images). Center: Special counsel David Weiss (AP Photo/Matt Slocum). Right: Special counsel Jack Smith (AP Photo/J. Scott Applewhite, File).

The special counsel in Hunter Biden’s bicoastal federal prosecutions has filed court documents opposing the defendant’s motion to dismiss the California tax case, arguing that the Appointments Clause grounds on which a judge dismissed Donald Trump’s Mar-a-Lago case do not apply here and, in any event, that ruling was a major outlier.

The David Weiss filing, which could serve as something of a preview of what special counsel Jack Smith will argue at the 11th Circuit in August, referenced U.S. District Judge Aileen Cannon’s obliteration of the special counsel’s authority, the Justice Clarence Thomas concurrence in Trump v. United States that Cannon embraced, and 140 years of history.

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