Also going against Hunter Biden was the court’s rejection of a challenge to the appointment of U.S. Attorney for Delaware David C. Weiss — originally a Trump appointee — to simultaneous duty as special prosecutor.
Among other objections, Hunter Biden’s attorneys argued that Weiss’s appointment violated the U.S. Constitution’s appropriations clause, because no special counsel funding was appropriated for the services of Weiss, who continues to serve as Delaware’s U.S. attorney.
Judge Noreika, in a footnote to her ruling on the special counsel objection, observed that: “Somewhat incongruously, defendant has asserted in this case both that he is being selectively prosecuted by a Special Counsel ‘making prosecutorial decisions for political reasons’ and that the special counsel making those decisions is not actually independent from the attorney general appointed by his father or the executive branch headed by his father.”
Under the earlier plea deal, Hunter Biden would have pled guilty to two counts of failure to pay income tax in Delaware and would have entered into a pretrial diversion agreement to resolve the firearm charge.
