Criminal law, Politics

Going Full Trump: Hunter Biden Challenges the Constitutionality of the Weiss Appointment

We previously discussed how Hunter Biden adopted the arguments of the National Rifle Association (NRA) and other gun rights groups to challenge the law that his father has championed as a key gun control reform. In his effort to challenge his various charges, Hunter Biden has gone full Trump. Now, Hunter has adopted the Trump argument that special counsels are unconstitutional in seeking to toss out all of the charges by Special Counsel David Weiss, it is the very argument that Democrats and liberal law professors have denounced as meritless and menacing.  Having recently embraced the conservative justices in challenging gun laws, Hunter is now channeling Justice Clarence Thomas on the unconstitutionality of special counsel appointments — an argument that his father denounced as wrong and “specious.”

I recently discussed the decision of Judge Aileen Cannon to strike down the Florida case against former President Donald Trump.  Law professors ridiculed the concurrence of Justice Thomas in arguing that special counsels lack a constitutional foundation.

Biden is now asking the federal courts to adopt the Thomas position. On Thursday, courts in California and Delaware were asked to dismiss the criminal tax and gun cases against Biden.

The motions track the analysis of Judge Cannon and argue that “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.”

I wrote in my column that the challenges seem to draw courts into the Wonderland of Special Counsels.

In “Alice’s Adventures in Wonderland,” the Mad Hatter asks Alice, “Why is a raven like a writing desk?” It turned out that the Mad Hatter had no better idea than Alice.

In her 93-page order, U.S. District Judge Aileen Cannon seemed to face the same dilemma when she asked Special Counsel Jack Smith why a private citizen is like a confirmed U.S. Attorney.

However, a key difference between Smith and Weiss is that it could lead these courts to asking “why is a Weiss like a Smith?” The extent that he is not could prove a critical distinction. Weiss is a Senate confirmed U.S. Attorney where Smith was a private citizen plucked by Merrick Garland from the general population for the position.

Biden is seeking to brush over that Mad Hatter anomaly:

“The constitutional flaw at the center of the Special Counsel’s appointment is that Congress has not established the office of a Special Counsel. Given that Congress requires a U.S. 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 U.S. Attorney. That is what has been attempted here.”

Clarence Thomas is beaming.

 

142 thoughts on “Going Full Trump: Hunter Biden Challenges the Constitutionality of the Weiss Appointment”

  1. If this were to lead to a courtroom setting at some point in the future, can you IMAGINE the Prosecution calling Joseph R. Biden as a witness? That would be a good ‘pay per view’ event, would it not. LOL

  2. See below as Dennis the draft dodger chooses another topic that only he is interested in, and gets ZERO REPLIES.

    Denny is lonely and comes here searching for companionship, only to find none.

    The next four years are gonna suck for poor denny.

  3. Jonathan: There is someone else who went “Full Trump”. He is paying the consequences and getting almost 5 yrs in prison. Who might that be?

    It’s one of South Carolina’s favorite sons–Tyler Bradley Dykes. He was an active-duty Marine when he grabbed a police riot shield from the Capitol police on J6, beat the police and holding up his arm in a Nazi salute–pushing through police lines to attack the Capitol building. Dykes pled guilty in April and was just sentenced. He had previously been convicted for crimes in connection with the 2017 neo-Nazi “Unite the Right” riot in Charlottesville. He was transferred to federal custody last year. So Dykes has a long rap record of neo-Nazi violent actions. That is why Dykes has been sentenced to so much time in prison.

    DJT claims the J. 6 insurrectionists were “patriots” and those convicted of crimes are “hostages”. DJT promises to pardon many of them if he becomes President again. Will Dykes be on DJT’s pardon list? As sure as the sun rises in the east!

    And just for the record. Dykes has no known connection to Antifa!

  4. Is the ruling that SCs are unconstitutional based on the citizen/former-job status of the appointed SC or on the fact that the position itself is unconstitutional?

  5. So there are not good arguments on both sides, the big fat whopper line Jonathan used in the prior column to retain his life against the deep state corrupt criminals, who no doubt are burning inside, their illegal power crushed and dismissed, after years of their mob like plotting.

    Congress didn’t make the LAW, so the criminal garland was struck down, way too late, and is not yet removed and thrown in prison.

  6. That was the same issue I noticed: Isn’t Weiss already a US Attorney, appointed by the President and confirmed by the Senate? Therefore, he didn’t need any special statute to try the case, and he didn’t need a separate confirmation hearing to be chosen to try the case.

    It seems to me that Hunter is channeling Laurence Tribe and his straw-man arguments.

    1. Not so sure about that. The special counsel thing expired, so Weiss is also a question. They have avoided the question because it removes their raging power lies and fraud, mainly “independent”.
      In this case they squeal but he was appointed and confirmed.
      So far that was what stopped the criminal yuckface after Trump.

      It doesn’t appear the remaining power should be present either. I hope it gets struck down as well. I want jerkoff smith in prison and garland too.

      We have to stop letting these criminals pull their crap, LOCK THEM UP.

    2. As I understand it, once Weiss was no longer USA for Delaware, then he was no different than Smith. I think the Federal District Court ruling (and Thomas’ dissenting concurrence – or was it a concurring dissent?) says that SCs are unconstitutional period irrespective of the citizen/former-job status of the appointed SC. It’s the position itself that is unconstitutional.

      1. See below as the draft dodger dennis mcintyre gets ZERO responses to his daily nonsense.

        So he tries again. Again zero responses. Pitiful.

        Poor Denny, his life wasnt bad enough before.

        The next 4 years are gonna really suck for Denny.

    3. If the title of SC is added is there additional money or separate funds can be claimed?

  7. Jonathan: Looks like not all is well in the Trump family. Melania made a rare appearance at the convention this week but broke with tradition by refusing to make a speech endorsing her husband. She also dodged DJT’s attempt to kiss her. But DJT did blow a kiss to Hulk Hogan after the pro wrestler gave a shirt-ripping speech endorsing DJT. Barron Trump was also noticeably absent–as were Ivanka and Jared Kushner. But Tiffany Trump was there. She tried to kiss her father but he blew her off. Seems not all is well in the Trump family. Not good for the optics of the Convention where “unity” was supposed to be the theme.

    The final take away from the GOP Convention is that DJT wants America to know about his golf game. How do I know? Speakers, from John Nieporte, the head pro at DJT’s West Palm Beach golf club, to Alina Habba, DJT’s 17 yr old granddaughter Kai Trump, Kellyanne Conway–they all praised DJT’s golf game. That was all by design. The narcissist-in-chief wants voters to choose him because, despite all his cheating at the game, he is the only candidate with a golf game that can beat any candidate the Dems can throw at him. And that is supposed to be a qualification for President of the United States? That’s ludicrous and insanity!

  8. I’m hearing Hunter has set up a go fund me for perpetual purchases of soap on a rope.
    TRUMP 24 The Maga nificient Orange Bastid!

    1. I heard he sold a portrait of a soap on a rope for $3.6M to Reid Hoffman afyer a bidding war with Mykola Zlochevsky

      1. Life Buoy no doubt! Sad times ahead for Hunter, from scoring some dope to soap on a rope.

  9. Jonathan: DJT gave the longest acceptance speech in recorded history. He spent only about 15 minutes calling for “unity” after the attempt on his life. After that he descended into his usual false complaints that the Dems are “destroying our country” and “attempting to interfere” with the 2024 elections. It’s all projection by DJT. Jan 6 serves as the first time in the history of our country that a presidential candidate refused to accept the results of a presidential election and tried to overthrow our Democratic institutions to stay in power. That was election “interference” in spades that was led by DJT!

    The GOP/DJT Convention this year was run and conducted by 2020 election deniers. Peter Navarro, DJT’s former WH trade advisor, got out of prison just in time to attend and address the convention. He was greeted by the MAGA crowd with a standing ovation. Navarro served 4 months in prison for contempt of Congress. He was the architect of the
    “Green Bay Sweep”, the plot to get Mike Pence to refuse to accept the Biden electors.

    Navarro told the cheering MAGA convention crowd: “If we don’t control all three branches of our government–their government will put some us like me and Steve Bannon in prison and control the rest of us”. Steve Bannon couldn’t attend the convention. He is also serving a similar 4 month sentence for contempt. It seems that lawbreakers always complain about “their government” when they are convicted by a jury!

  10. OT

    Sheila Jackson Lee dead from pancreatic cancer.

    Sheila Jackson Lee defeated Amanda Edwards in the most competitive primary of her congressional career.
    MARCH 6, 2024
    https://www.texastribune.org/2024/03/05/sheila-jackson-lee-texas-amanda-edwards-primary/

    Rep. Sheila Jackson Lee announces cancer diagnosis
    June 3, 2024
    https://www.nbcnews.com/politics/congress/rep-sheila-jackson-lee-announces-cancer-diagnosis-rcna155124

    Dead July 20

    It was all about power for Sheila just like Hunter, Joe, Hillary, Obama, DNC, MSM, et al

    1. Also a big vaxx pusher, but it’s just a coincidence that she died of a turbo cancer. Oh, well….

      1. Big surge of pancreatic cancer in those countries that aggressively pushed the Covid vax.

        Yeah, just a coincidence.

  12. Please, it’s not a shooter. It’s gunman. I realize how coarse the world is now but clean it up here.

    The images and content in the media are nothing people have ever seen before.

    Thank you

    1. Anon: “Please, it’s not a shooter. It’s gunman.”

      What is a ‘shooter’ then?

      2. A very strong alcoholic drink sometimes mixed with jello for one. A marble in a game of marbles for two.

    1. Ken Starr was appointed under the Independent Counsel statute which was passed by congress and expired in 1999.
      It too was probably unconstitutional – but for separation of powers reasons.

    3. He was appointed under the expired since 1999 Independent Counswl law.

  14. OT The Secret Service [Stupid Service?] didn’t use drones to help protect Trump.

    But it turns out that the assassin did use a drone to surveil the site.

    Who was helping this kid? Now several people say they saw another shooter on the water tower and forensic sound analysis suggests yet another shooter was active. I wonder if he had drones too. The killers get drones but the SS doesn’t want them. They couldn’t look more pathetic or more suspicious.

    1. “Who was helping this kid?”

      That is the question I was leading up to, though I didn’t ask about a second shooter. Ballistics would show different bullets and rifles.

        1. There will be many narratives out there, some garbage and some with merit. I won’t chase my tail and am looking for a transparent investigation. Without transparency, I have no choice but to place blame on those in power.

          The two headshots are the only solid things I can deal with and that makes me worried.

          1. Oh well, if alphabet agencies don’t want to be suspects they shouldn’t act suspiciously.

          2. It was one MISSED headshot and one RANDOM head impact.

            8 shots came from the kid according to witnesses and video.

            The first nicked Trump. The next two were in staged succession indicating they were aimed. They also missed Trump.

            The next 5 were in rapid succession indicating they were not aimed.

            The guy hit in the head was covering his wife and daughter. It was not a “head shot”. It was one of the 5 rapid fire shots.

          3. Apparently the feds are now saying that a police sniper was also shooting at the murderer.

            It took a week to say it.

            Or maybe it took the revelation of forensic sound analysis showing there was a third shooter and the feds had to ‘explain’ it.

            The state of the information now is that there is room to say that Crooks was a patsy [think Oswald].

            And

            That the true assassin was shooting from the water tower [think Grassy Knoll] as seen by some witnesses [think Grassy Knoll again].

            I am not saying that is the case. But I am saying that that proposition is not falsified by information now available and that no investigation results by proven liars can be trusted.

            What a mess. Trump needs to hire additional private security.

            1. Thanks, Young. Too many unanswered questions require answers before one can draw a conclusion. The simpletons and the drunk take the road provided to them by those pushing their choice of story.

              Many actors could have played a part, or it could simply be an attitude of benign neglect: “I hate Trump, so I won’t put any effort into protecting him.” Based on the Russia-Russia hoax and all the other garbage the left is involved with, we already know that there is some truth behind that type of attitude.

              1. S. Meyer–

                Too true. A mix of malice and hostility and indifference and incompetence may be the recipe that cooks up this mess.

                I thought the Mar a Lago raid arguably had the look of a murder raid.

                I think the SWAT team came from DC rather than the local field office, they didn’t invite CNN, they could have gotten the documents just by asking for them, the team was in plainclothes instead of having FBI plastered all over as they usually do, they disabled security recording devices and I don’t think they had body cams.

                It is known that Trump would likely defend himself and would seeing an armed team dressed more like terrorists than law enforcement come into his home. “Sorry, we had to shoot him because he pulled a weapon while we were executing a lawful search warrant.”

                The only problem I had with that scenario was the SS. Would they allow it? Now it seems like some of them would after the recent fiasco. Trump may have survived two attempts on his life.

                We have so little reliable information that many farfetched scenarios will fit without being falsified. We need a reliable and thorough investigation. It took decades to learn the Kennedy investigations were incompetent or compromised.

              2. It typically requires 10-20 years for pancreatic cancer to develop. Blaming it on the vaccine is questionable. It’s not as though the vaccine doesn’t have enough problems.

                1. Wake up. Take a shower! The discussion did not involve Lee’s pancreatic cancer or the vaccine.

                  “It typically requires 10-20 years for pancreatic cancer to develop.”

                  From the time it is found until death, it is 3-6 months.

              3. S meyer the ass hole

                Get a grip on yourself, douchebag. Throwing out wild garbage like “2 head shots” doesnt represent higher thinking. Quite the opposite.

                I have known for a week that the southern (SS) team is the one who got the kill and that the northern (local) team missed. So what?

                I havent discounted any theories that make sense. Why dont you try coming up with one?

                If there was someone else involved from the outside, then they were just another idiot like the kid. Otherwise, Trump would be dead.

                As for an inside job, it wouldnt be the first.

                1. “I havent discounted any theories”

                  What more can be said except that you are stupid? There are two types of stupidity: the first is stupid, and the other can’t stop talking and proving it.

  15. JD Vance to the United States….I am America Hitlers second in command. Vote for me.

    1. When you gotta go full retard…you stay anonymous. You just went full retard ( again).

    2. In his book, The Prince, Machiavelli said that religion could be used to make people support the king. He thinks that religion is necessary for uniting people and the leader should not get rid of current religious practices. Machiavelli says religious traditions help keep things steady because they give a feeling of control and predictability. This is because people know what to expect from them. Machiavelli said in his book The Prince that leaders should get people to do what they want. He said that to achieve this, authorities must respect and keep religious events safe. This means that people should be scared of not following them. Also, Machiavelli said that kings can use religion to control people because it promises good things in the next life to those who follow rules. Political bosses often link religious ideas to state matters. This way, they can keep things calm inside the nation and make sure people stay true to it. There needs to be big religious shows and talks for the people to be scared of the boss’s power.

      1. Face it, the only religion being used in US politics today is the religious cult of ‘no babies allowed,’ the confluence of homosexuals and aborterers. Of course their are the war mongers that play any side, too – currently on the democrat side.

    3. We should always seek to emulate our savior, Jesus Christ, and forgive our enemies … but if we do, we will be killed.

  16. Read below if you wished to be bored to tears by McInlyre who once agains says he loves all judges until they disagree with him.

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