Judge Dismisses Hunter Biden Informant’s Challenge Based on Trump Ruling

A federal judge has dismissed a challenge to the legitimacy of special counsel David Weiss’ appointment in the case involving Alexander Smirnov, a former FBI informant charged with lying about President Joe Biden and Hunter Biden’s overseas business dealings. This decision comes as a significant development in ongoing legal battles surrounding various special counsel appointments.

The attempt to challenge Weiss’ appointment was made by Smirnov’s attorneys shortly after Judge Aileen Cannon unexpectedly dismissed former President Donald Trump’s classified documents case. Cannon ruled that special counsel Jack Smith was unlawfully appointed, a decision that is currently under appeal.

Judge Otis Wright’s ruling in the Smirnov case casts doubt on Cannon’s controversial dismissal of Trump’s case. This ruling suggests that other judges are not inclined to follow Cannon’s lead, which contradicted decades of legal precedent. This trend is further evidenced by a similar challenge to Weiss’ appointment that was dismissed earlier this month by a separate judge overseeing Hunter Biden’s tax case in Los Angeles.

Cannon’s earlier ruling hinged on her view that Smith’s prosecution of Trump was illegitimate. She argued that Smith was unlawfully appointed by Attorney General Merrick Garland, citing that Smith had never been confirmed by the U.S. Senate for the special counsel position.

Traditionally, special counsels have been former U.S. attorneys, who are generally appointed by the president and confirmed by the Senate. Smith, however, had been serving as the acting U.S. attorney for the Middle District of Tennessee and was also working at the International Criminal Court in The Hague, where he directed prosecutions related to war crimes before being appointed by Garland in November 2022 to lead both the classified documents investigation and the inquiry into federal election interference.

In light of the recent ruling, Smith has filed a motion urging the 11th Circuit Court of Appeals to overturn Cannon’s earlier decision regarding the dismissal of Trump’s classified documents case. This ongoing legal complexity highlights the contentious environment surrounding special counsels and their appointments, bringing additional scrutiny to how such cases are handled in the judicial system.

As these cases progress, the rulings from different judges may influence the broader legal landscape, particularly with respect to the authority and appointment of special counsels. Observers are watching closely to see how these developments unfold, especially given the potential implications for ongoing investigations involving prominent political figures.