Hunter Biden seeks dismissal of tax, gun cases, citing decision to toss Trump’s classified docs case

Hunter Biden, son of US President Joe Biden, with his wife Melissa Cohen Biden. (REUTERS/File Photo)

Short Url

https://arab.news/p4mbd

Updated 19 July 2024

July 19, 2024 03:38

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

Updated 19 July 2024

July 19, 2024 03:38

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.

Topics: Hunter Biden Aileen Cannon

Landslides in Indonesia’s Sumatra kill at least 27, rescuers search for missing

Updated 9 sec ago

Reuters

November 28, 2024 04:56

Landslides in Indonesia’s Sumatra kill at least 27, rescuers search for missing

Torrential rain in the province since last week had caused flash floods and landslides in four different districts
Extreme weather is expected in Indonesia toward the end of 2024, as the La Nina phenomenon increases rainfalls across the tropical archipelago

Updated 9 sec ago

Reuters

November 28, 2024 04:56

JAKARTA: Indonesian rescuers are searching for passengers trapped in a minibus buried in mud after flash floods and landslides hit several locations in North Sumatra province, killing at least 27, an official said on Thursday.
Torrential rain in the province since last week had caused flash floods and landslides in four different districts, Indonesia’s disaster agency has said.
A landslide in a village in Deli Serdang on Wednesday killed seven and injured 20, Hadi Wahyudi, North Sumatra police spokesperson told Reuters.
Rescuers were looking for missing people, including those trapped in a minibus and other vehicles on a hilly interprovince road hit by a mudslide, he said, adding he could not give an estimate for the number of affected people.
In other places, rescuers have found 20 dead during a search that started over the weekend. They are still searching for two missing.
“Today, we’re focusing our search to find missing people and clearing the roads affected by the landslides,” said Hadi, adding excavators were deployed.
The landslides and flash floods damaged houses, mosques, and rice fields.
Heavy rains also triggered floods in the provincial capital of Medan, forcing a delay in votes for a regional election in some polling stations.
Extreme weather is expected in Indonesia toward the end of 2024, as the La Nina phenomenon increases rainfalls across the tropical archipelago, the country’s weather agency has warned.

The Australian Senate debates the world’s first social media ban for children under 16

Updated 38 min 24 sec ago

November 28, 2024 04:16

The Australian Senate debates the world’s first social media ban for children under 16

The bill that would make social media platforms liable for fines of up to $33 million for systemic failures to prevent young children from holding accounts

Updated 38 min 24 sec ago

November 28, 2024 04:16

MELBOURNE: The Australian Senate was debating a ban on children younger than 16 years old from social media Thursday after the House of Representatives overwhelmingly supported the age restriction.
The bill that would make platforms including TikTok, Facebook, Snapchat, Reddit, X and Instagram liable for fines of up to 50 million Australian dollars ($33 million) for systemic failures to prevent young children from holding accounts.
It is likely to be passed by the Senate on Thursday, the Parliament’s final session for the year and potentially the last before elections, which are due within months.
The major parties’ support for the ban all but guarantees the legislation will become law. But many child welfare and mental health advocates are concerned about unintended consequences.
Unaligned Sen. Jacqui Lambie complained about the limited amount of time the government gave the Senate to debate the age restriction, which she described as “undercooked.”
“I thought this was a good idea. A lot of people out there thought it was a good idea until we looked at the detail and, let’s be honest, there’s no detail,” Lambie told the Senate.
Opposition Sen. Maria Kovacic said the bill was not radical but necessary.
“The core focus of this legislation is simple: It demands that social media companies take reasonable steps to identify and remove underage users from their platforms,” Kovacic told the Senate.
“This is a responsibility these companies should have been fulfilling long ago, but for too long they have shirked these responsibilities in favor of profit,” she added.
Sen. David Shoebridge, from the minor Greens party, said mental health experts agreed that the ban could dangerously isolate many children who used social media to find support.
“This policy will hurt vulnerable young people the most, especially in regional communities and especially the LGBTQI community, by cutting them off,” Shoebridge told the Senate.
The House of Representatives on Wednesday overwhelmingly carried the bill 102 votes to 13.
Communications Minister Michelle Rowland urged senators to pass the bill which she said reflected the Australian community’s view.
“The ... government is on the side of supporting parents and protecting young people,” Rowland told the House.
Once the legislation becomes law, the platforms would have one year to work out how they could implement the ban before penalties are enforced.
The platforms complained that the law would be unworkable, and urged the Senate to delay the vote until at least June next year when a government-commissioned evaluation of age assurance technologies made its report on how young children could be excluded.
Critics argue the government is attempting to convince parents it is protecting their children ahead of general elections due by May. The government hopes that voters will reward it for responding to parents’ concerns about their children’s addiction to social media. Some argue the legislation could cause more harm than it prevents.
Criticisms include that the legislation was rushed through Parliament without adequate scrutiny, is ineffective, poses privacy risks for all users, and undermines parental authority to make decisions for their children.
Opponents of the bill also argue the ban would isolate children, deprive them of the positive aspects of social media, drive them to the dark web, discourage children too young for social media to report harm and reduce incentives for platforms to improve online safety.

Topics: Australia social media

Explosions heard in Ukraine’s Odesa, Kropyvnytskyi – media reports

Updated 54 min 26 sec ago

Reuters

November 28, 2024 04:00

Explosions heard in Ukraine’s Odesa, Kropyvnytskyi – media reports

Odesa regional governor Oleh Kiper urged residents to stay in shelter in a message on the Telegram app

Updated 54 min 26 sec ago

Reuters

November 28, 2024 04:00

Explosions were heard in the Ukrainian Black Sea port city of Odesa and the city of Kropyvnytskyi in central Ukraine on Thursday morning amid reports of a Russian cruise missile attack, Ukrainian news outlet Zerkalo Tyzhnya and other local media reported.
Odesa regional governor Oleh Kiper urged residents to stay in shelter in a message on the Telegram app.

Topics: Russia-Ukraine Conflict Russia Ukraine

Norway, World Wide Fund for Nature square off in court over deep sea mining

Updated 28 November 2024

Reuters

November 28, 2024 06:06

Norway, World Wide Fund for Nature square off in court over deep sea mining

Norway could become one of the first countries to authorize seabed mining, arguing the importance of not relying on China for minerals essential for renewable technology
WWF-Norway is also calling on the Norwegian government to stop giving public support to mining companies for the exploration phase and to allocate these funds to independent research institutions

Updated 28 November 2024

Reuters

November 28, 2024 06:06

OSLO: The World Wide Fund for Nature’s (WWF) Norwegian chapter will have its day in court Thursday, after it sued Norway for opening up its seabed to mining before performing sufficient impact studies.
Already Western Europe’s largest oil and gas producer, Norway could become one of the first countries to authorize seabed mining, arguing the importance of not relying on China for minerals essential for renewable technology.
While deep-sea mining is contentious due to its potential impact on vulnerable marine ecosystems, Norway’s parliament in January formally gave its green light to open up parts of its seabed to exploration.
“We believe the government is violating Norwegian law by now opening up for a new and potentially destructive industry without adequately assessing the consequences,” Karoline Andaur, CEO of WWF-Norway, said in a statement.
Norway “must halt the rushed process, must actively support a national and global moratorium — a temporary ban on seabed mining until there is sufficient knowledge,” Andaur said in an online meeting earlier in November.
With their lawsuit, WWF-Norway is also calling on the Norwegian government to stop giving public support to mining companies for the exploration phase and to allocate these funds to independent research institutions.
That would help “to close the many knowledge gaps about marine life,” Andaur said.
The trial will run until December 5.

On April 12, Norway’s Ministry of Energy announced that it was opening up an area of the Norwegian Sea and Greenland Sea to exploration, with the aim of awarding the first licenses in the first half of 2025.
Within the area, which is the size of the United Kingdom, it has designated locations covering 38 percent of the area suitable for exploration for a first licensing round.
“Before any exploitation can begin, it has to be shown that the proposed exploitation can take place in a sustainable and responsible manner,” Astrid Bergmal, state secretary at the energy ministry, told AFP in an email.
The first projects will also have to be approved by parliament, Bergmal added.
“The first phase will consist of mapping and exploration, which has little environmental impact,” she said.
But critics see this stage as a first step toward exploitation.
According to several NGOs, opening up the seabed poses an additional threat to an ecosystem that is little-known and has already been weakened by global warming.
Possible dangers include the destruction of marine habitats and organisms, noise and light pollution, as well as the risk of chemical leaks from machines and species being displaced.
Norwegian authorities meanwhile stress that by allowing the prospecting they want to fill in the gaps in knowledge.
In early 2023, the Norwegian Offshore Directorate published a report concluding that “substantial resources are in place on the seabed” including minerals such as copper, zinc and cobalt.

Topics: Norway WWF deep-sea mining

Thousands left queuing to vote in Namibia after scheduled polls close

Updated 28 November 2024

Reuters

November 28, 2024 05:42

Thousands left queuing to vote in Namibia after scheduled polls close

The vote could usher in the desert nation’s first woman leader even as her party, the ruling SWAPO, faces the strongest challenge yet to its 34-year grip on power
SWAPO’s candidate and current vice president, Netumbo Nandi-Ndaitwah, is being challenged by IPC leader Panduleni Itula, a former dentist and lawyer

Updated 28 November 2024

Reuters

November 28, 2024 05:42

WHINDHOEK: Logistical issues on Wednesday left thousands of Namibians waiting in queues to vote in pivotal presidential and legislative elections, some for up to 12 hours, with polling stations staying open hours later than planned.
The vote could usher in the desert nation’s first woman leader even as her party, the ruling South West Africa People’s Organization (SWAPO) faces the strongest challenge yet to its 34-year grip on power.
Some voters told AFP they queued all day, blaming technical problems that included issues with voter identification tablets and insufficient ballot papers.
“It’s absolutely disappointing,” said Reagan Cooper, a 43-year-old farmer among the hundred or so voters outside the town hall polling station in the capital Windhoek.
“The voters have turned out, but the electoral commission has failed us,” Cooper told AFP.
In the face of criticism from all the political parties, including SWAPO, the Electoral Commission of Namibia extended voting hours for “no specified time,” according to Windhoek region ECN head Rakondjerua Kavari.
Voting was halted for an hour at the Windhoek town hall site due to a lack of ballots, with applause welcoming the delivery of more waking sleepy, seated voters around 11:30 pm.
The last voter there cast his ballot more than four hours after the scheduled closing time — 9:00 p.m. (1900 GMT) — and vote counting then began almost immediately.
According to Namibia’s electoral law, those in queues before polls are scheduled to close should be allowed to vote.
Petrus Shaama, chief officer of the ECN, said it was obligated to ensure voters could cast a ballot.
But the main opposition party, the Independent Patriots for Change (IPC), blamed the ECN for the long lines and cried foul play.
“We have reason to believe that the ECN is deliberately suppressing voters and deliberately trying to frustrate voters from casting their vote,” said Christine Aochamus of the IPC.
Armed with folding chairs and umbrellas to cope with the slow-moving lines and blazing sun, many Namibians spent half the day waiting to vote.
At one polling station inside the University of Science and Technology in Windhoek, hundreds of people were still in line at 9:00 p.m. despite some having arrived at 6:00 am, an hour before polls opened.
Polling site managers told AFP that problems with tablets used to check voters’ identities using fingerprints included untimely updates, overheating and dead batteries.

SWAPO’s candidate and current vice president, Netumbo Nandi-Ndaitwah, was one of the first to vote and called on Namibians “to come out in their numbers.”
An estimated 1.5 million people in the sparsely populated nation were registered to vote.
SWAPO has governed since leading mineral-rich Namibia to independence from South Africa in 1990 but complaints about unemployment and enduring inequalities could force Nandi-Ndaitwah into an unprecedented second round.
IPC leader Panduleni Itula, a former dentist and lawyer, said Wednesday he was optimistic he could “unseat the revolutionary movement.”
Itula, 67, took 29 percent of votes in the 2019 elections, losing to SWAPO leader Hage Geingob with 56 percent. It was a remarkable performance considering Geingob, who died in February, had won almost 87 percent five years before that.
Namibia is a major uranium and diamond exporter but not many of its nearly three million people have benefitted from that wealth.
“There’s a lot of mining activity that goes on in the country, but it doesn’t really translate into improved infrastructure, job opportunities,” said independent political analyst Marisa Lourenco, based in Johannesburg.
“That’s where a lot of the frustration is coming from, (especially) the youth,” she said.
Unemployment among 15- to 34-year-olds is estimated at 46 percent, according to the latest figures from 2018, almost triple the national average.
First-time voter and environmental health student Sophia Varela, 24, told AFP she was “hoping for change” and “jobs for the youth.”

For the first time in Namibia’s recent history, analysts say a second voting round is a somewhat realistic option.
That would take place within 60 days of the announcement of the first round of results due by Saturday.
“The outcome will be tight,” said self-employed Hendry Amupanda, 32, who queued since 9:00 p.m. the night before to cast his ballot.
“I want the country to get better and people to get jobs,” said Amupanda, wearing slippers and equipped with a chair, blanket and snacks.
Marvyn Pescha, a self-employed consultant, said his father was part of SWAPO’s liberation struggle and he was not going to abandon the party.
“But I want SWAPO to be challenged for better policies. Some opportunistic leaders have tarnished the reputation of the party, they misuse it for self-enrichment,” the 50-year-old said.
While lauded for leading Namibia to independence, SWAPO is nervous about its standing after other liberation-era movements in the region have lost favor with young voters.
In the past six months, South Africa’s African National Congress lost its parliamentary majority and the Botswana Democratic Party was ousted after almost six decades in power.

Topics: Namibia

Hunter Biden seeks dismissal of tax, gun cases, citing decision to toss Trump’s classified docs case

Hunter Biden seeks dismissal of tax, gun cases, citing decision to toss Trump’s classified docs case

President Biden’s son Hunter convicted on all charges in gun case

Hunter Biden jury sees evidence of addiction, hears ‘no one is above the law’

Landslides in Indonesia’s Sumatra kill at least 27, rescuers search for missing

Landslides in Indonesia’s Sumatra kill at least 27, rescuers search for missing

The Australian Senate debates the world’s first social media ban for children under 16

The Australian Senate debates the world’s first social media ban for children under 16

Australia’s plan to ban children from social media proves popular and problematic

Social media sites call for Australia to delay its ban on children younger than 16

Explosions heard in Ukraine’s Odesa, Kropyvnytskyi – media reports

Explosions heard in Ukraine’s Odesa, Kropyvnytskyi – media reports

Russian drone attack on Ukraine’s Odesa kills one, injures 13, governor says

Ukraine requests monitoring mission at Odesa ports amid Russian strikes

Norway, World Wide Fund for Nature square off in court over deep sea mining

Norway, World Wide Fund for Nature square off in court over deep sea mining

How Saudi cities are enhancing quality of life, while responding to environmental challenges

How Saudi Arabia is developing tourism while protecting its precious marine ecosystems

Thousands left queuing to vote in Namibia after scheduled polls close

Thousands left queuing to vote in Namibia after scheduled polls close

Namibia condemns former colonial ruler Germany over Gaza response

Mozambique opposition leader Mondlane sets conditions for post-election talks

Latest updates

Landslides in Indonesia’s Sumatra kill at least 27, rescuers search for missing

The Australian Senate debates the world’s first social media ban for children under 16

Explosions heard in Ukraine’s Odesa, Kropyvnytskyi – media reports

Liverpool shine in Champions League, dumping Real Madrid down the table. Dortmund rise to 4th

Norway, World Wide Fund for Nature square off in court over deep sea mining

Recommended

Will ceasefire deal to end Israel-Hezbollah war achieve lasting peace for Lebanon?

Israeli NGO warns of “quiet annexation” of West Bank under cover of war

Can Lebanon’s ancient cultural heritage be protected from war damage?

Search form

Print Edition

Search form

Search form

You are here

Hunter Biden seeks dismissal of tax, gun cases, citing decision to toss Trump’s classified docs case

Hunter Biden seeks dismissal of tax, gun cases, citing decision to toss Trump’s classified docs case

Related

Landslides in Indonesia’s Sumatra kill at least 27, rescuers search for missing

The Australian Senate debates the world’s first social media ban for children under 16

Related

Explosions heard in Ukraine’s Odesa, Kropyvnytskyi – media reports

Related

Norway, World Wide Fund for Nature square off in court over deep sea mining

Related

Thousands left queuing to vote in Namibia after scheduled polls close

Related

Latest updates

Recommended

Search form

Print Edition