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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
Hunter Biden, son of US President Joe Biden, with his wife Melissa Cohen Biden. (REUTERS/File Photo)
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Updated 19 July 2024

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
  • 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

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.


Rival protests planned in South Korea after second leader impeached

Rival protests planned in South Korea after second leader impeached
Updated 48 min 33 sec ago

Rival protests planned in South Korea after second leader impeached

Rival protests planned in South Korea after second leader impeached
  • Vast protests both for and against suspended president Yoon Suk Yeol have rocked South Korea
  • Yoon sought to impose martial law in early December, plunging the country into its worst political crisis in decades

SEOUL: Protests were planned across South Korea on Saturday, as supporters and opponents of suspended president Yoon Suk Yeol prepared to hold rival rallies two weeks after he was impeached.
Vast protests both for and against Yoon have rocked South Korea since he sought to impose martial law in early December, plunging the country into its worst political crisis in decades.
Lawmakers on Friday impeached Yoon’s replacement, acting president Han Duck-soo, after he refused demands to complete Yoon’s impeachment process and to bring him to justice.
It is up to the Constitutional Court to decide Yoon’s, and now Han’s fate, but demonstrators from both camps have vowed to keep up pressure in the meantime.
“Nearly two million people will come together to protect president Yoon,” said Rhee kang-san, a supporter of Yoon who is one of the rally organizers in Seoul.
“The rally continues our efforts to amplify the people’s voice against impeachment.”
An organizer of a rival anti-Yoon rally said the anger of those who supported his impeachment was “burning even more intensely.”
“The people are now strongly demanding Yoon’s immediate dismissal and punishment,” she added.
At the heart of the backlash against Han was his refusal to appoint additional judges to the Constitutional Court, which has three vacant seats.
While the six current judges can decide whether to uphold parliament’s decision to impeach Yoon, a single dissenting vote would reinstate him.
The opposition wanted Han to approve three more nominees to fill the nine-member bench, which he had refused to do, leaving both sides in deadlock.
The second impeachment on Friday thrust Finance Minister Choi Sang-mok into the roles of acting president and prime minister.
It also took the country into uncharted territory.
“We’ve had an acting president before,” said Lee Jun-han, a professor at Incheon National University. “But this is the first time we’ve had a substitute for a substitute.”
Choi said in a statement after the impeachment that “minimizing governmental turmoil is of utmost importance at this moment,” adding that “the government will also dedicate all its efforts to overcoming this period of turmoil.”
Like Han, Choi will face pressure from the opposition to accept the appointment of new judges.
If he refuses, he could face his own impeachment vote.


Bloodied Ukrainian troops risk losing more hard-won land in Kursk to Russia

Bloodied Ukrainian troops risk losing more hard-won land in Kursk to Russia
Updated 28 December 2024

Bloodied Ukrainian troops risk losing more hard-won land in Kursk to Russia

Bloodied Ukrainian troops risk losing more hard-won land in Kursk to Russia
  • Battles are so intense that some Ukrainian commanders cannot evacuate the dead
  • Communication lags and poorly timed tactics have cost lives, and troops have little way to counterattack

KYIV: Five months after their shock offensive into Russia, Ukrainian troops are bloodied and demoralized by the rising risk of defeat in Kursk, a region some want to hold at all costs while others question the value of having gone in at all.
Battles are so intense that some Ukrainian commanders can’t evacuate the dead. Communication lags and poorly timed tactics have cost lives, and troops have little way to counterattack, seven front-line soldiers and commanders told The Associated Press on condition of anonymity so they could discuss sensitive operations.
Since being caught unaware by the lightning Ukrainian incursion, Russia has amassed more than 50,000 troops in the region, including some from its ally North Korea. Precise numbers are hard to obtain, but Moscow’s counterattack has killed and wounded thousands and the overstretched Ukrainians have lost more than 40 percent of the 984 square kilometers (380 square miles) of Kursk they seized in August.
Its full-scale invasion three years ago left Russia holding a fifth of Ukraine, and Ukrainian President Volodymyr Zelensky has hinted that he hopes controlling Kursk will help force Moscow to negotiate an end to the war. But five Ukrainian and Western officials in Kyiv who spoke on condition of anonymity to freely discuss sensitive military matters said they fear gambling on Kursk will weaken the whole 1000-kilometer front line, and Ukraine is losing precious ground in the east.
“We have, as they say, hit a hornet’s nest. We have stirred up another hot spot,” said Stepan Lutsiv, a major in the 95th Airborne Assault Brigade.
The border raid that became an occupation
Army chief Oleksandr Syrskyi has said that Ukraine launched the operation because officials thought Russia was about to launch a new attack on northeast Ukraine.
It began on Aug. 5 with an order to leave Ukraine’s Sumy region for what they thought would be a nine-day raid to stun the enemy. It became an occupation that Ukrainians welcomed as their smaller country gained leverage and embarrassed Russian President Vladimir Putin.
Gathering his men, one company commander told them: “We’re making history; the whole world will know about us because this hasn’t been done since World War II.
Privately, he was less certain.
“It seemed crazy,” he said. “I didn’t understand why.”
Shocked by success achieved largely because the Russians were caught by surprise, the Ukrainians were ordered to advance beyond the original mission to the town of Korenevo, 25 kilometers into Russia. That was one of the first places where Russian troops counterattacked.
By early November the Russians began regaining territory rapidly. Once in awe of what they accomplished, troops’ opinions are shifting as they come to terms with losses. The company commander said half of his troops are dead or wounded.
Some front-line commanders said conditions are tough, morale is low and troops are questioning command decisions, even the very purpose of occupying Kursk.
Another commander said that some orders his men have received don’t reflect reality because of delays in communication. Delays occur especially when territory is lost to Russian troops, he said.
“They don’t understand where our side is, where the enemy is, what’s under our control, and what isn’t,” he said. “They don’t understand the operational situation, we so act at our own discretion.”
One platoon commander said higher ups have repeatedly turned down his requests to change his unit’s defensive position because he knows his men can’t hold the line.
“Those people who stand until the end are ending up MIA,” he said. He said he also knows of at least 20 Ukrainian soldiers whose bodies had been abandoned over the last four months because the battles were too intense to evacuate them without more casualties.
No option to retreat as Russia doubles down
Ukrainian soldiers said they were not prepared for the aggressive Russian response in Kursk, and cannot counterattack or pull back.
“There’s no other option. We’ll fight here because if we just pull back to our borders, they won’t stop; they’ll keep advancing,” said one drone unit commander.
The AP requested comment from Ukraine’s General Staff but did not receive a response before publication.
American longer-range weapons have slowed the Russian advance and North Korean soldiers who joined the fighting last month are easy targets for drones and artillery because they lack combat discipline and often move in large groups in the open, Ukrainian troops said.
On Monday, Zelensky said 3,000 North Korean soldiers had been killed and wounded. But they appear to be learning from their mistakes, soldiers added, by becoming more adept at camouflaging near forested lines.
One clash took place last week near Vorontsovo tract, a forested area between the settlements of Kremenne and Vorontsovo.
Until last week, the area was under Ukraine’s control. This week part of it has been lost to Russian forces and Ukrainian troops fear they will reach a crucial logistics route.
Eyeing frontline losses in the eastern region known as the Donbas — where Russia is closing on a crucial supply hub — some soldiers are more vocal about whether Kursk has been worth it.
“All the military can think about now is that Donbas has simply been sold,” the platoon commander said. “At what price?”


Man accused of attacking TV reporter, saying ‘This is Trump’s America now’

Patrick Thomas Egan. (Supplied)
Patrick Thomas Egan. (Supplied)
Updated 28 December 2024

Man accused of attacking TV reporter, saying ‘This is Trump’s America now’

Patrick Thomas Egan. (Supplied)
  • Alex, who had been out reporting, then drove back to his news station in the city

DENVER: A Colorado man is facing possible bias-motivated charges for allegedly attacking a television news reporter after demanding to know whether he was a citizen, saying “This is Trump’s America now,” according to court documents.
Patrick Thomas Egan, 39, was arrested Dec. 18 in Grand Junction, Colorado, after police say he followed KKCO/KJCT reporter Ja’Ronn Alex’s vehicle for around 40 miles (64 kilometers) from the Delta area. Alex told police that he believed he had been followed and attacked because he is Pacific Islander.
After arriving in Grand Junction, Egan, who was driving a taxi, pulled up next to Alex at a stoplight and, according to an arrest affidavit, said something to the effect of: “Are you even a US citizen? This is Trump’s America now! I’m a Marine and I took an oath to protect this country from people like you!”
Alex, who had been out reporting, then drove back to his news station in the city. After he got out of his vehicle, Egan chased Alex as he ran toward the station’s door and demanded to see his identification, according to the document laying out police’s evidence in the case. Egan then tackled Alex, put him in a headlock and “began to strangle him,” the affidavit said. Coworkers who ran out to help and witnesses told police that Alex appeared to be losing his ability to breathe during the attack, which was partially captured on surveillance video, according to the document.
According to the station’s website, Alex is a native of Detroit. KKCO/KJCT reported that he was driving a news vehicle at the time.
Egan was arrested on suspicion of bias-motivated crimes, second degree assault and harassment. He is scheduled to appear in court Thursday to learn whether prosecutors have filed formal charges against him.
Egan’s lawyer, Ruth Swift, was out of the office Friday and did not return a telephone message seeking comment.
KKCO/KJCT vice president and general manager Stacey Stewart said the station could not comment beyond what it has reported on the attack.

 


UN approves new African Union force to take on Al-Shabab in Somalia

UN approves new African Union force to take on Al-Shabab in Somalia
Updated 28 December 2024

UN approves new African Union force to take on Al-Shabab in Somalia

UN approves new African Union force to take on Al-Shabab in Somalia

UN: The UN Security Council on Friday gave the green light to a new African Union force in Somalia that is meant to take on the Islamist armed group Al-Shabab, with the soldiers due to deploy in January.
The resolution was adopted by 14 of the Council’s 15 member states, while the United States abstained due to reservations about funding.
It provides for the replacement of the African Union Transition Mission in Somalia (ATMIS), whose mandate ends on December 31, by the African Union Support and Stabilization Mission in Somalia (AUSSOM).
Somalia is one of the world’s poorest countries, enduring decades of civil war, a bloody insurgency by the Al-Qaeda-linked Al-Shabab, and frequent climate disasters.
Representatives from Somalia and its western neighbor Ethiopia were invited to participate in the council’s meeting, although they were not allowed to vote.
“We emphasize that the current AUSSOM troops allocations are completed through bilateral agreements,” said the Somali representative, adding 11,000 troops were currently pledged.
On Monday, Egypt’s foreign minister announced his country would take part in the new force.
Tensions flared in the Horn of Africa after Ethiopia signed a maritime deal in January with the breakaway region of Somaliland, pushing Mogadishu closer to Addis Ababa’s regional rival Cairo.
This month, Turkiye brokered a deal to end the nearly year-long bitter dispute between Somalia and Ethiopia, although Ethiopian troops would not be involved in the new AU force.
Burundi will not be taking part in the new force either, a Burundian military source told AFP on condition of anonymity.
The text adopted by the UN Security Council provides for the possibility of using a mechanism that it created last year, under which an African force deployed with the green light of the UN can be up to 75 percent financed by the UN.
“In our view, the conditions have not been met for immediate transition to application of” that measure, US representative Dorothy Shea said, justifying her country’s abstention.


Trump asks Supreme Court to delay TikTok ban so he can weigh in after he takes office

Trump asks Supreme Court to delay TikTok ban so he can weigh in after he takes office
Updated 28 December 2024

Trump asks Supreme Court to delay TikTok ban so he can weigh in after he takes office

Trump asks Supreme Court to delay TikTok ban so he can weigh in after he takes office
  • The brief from Trump said he opposes banning TikTok at this junction

President-elect Donald Trump asked the Supreme Court on Friday to pause the potential TikTok ban from going into effect until his administration can pursue a “political resolution” to the issue.
The request came as TikTok and the Biden administration filed opposing briefs to the court, in which the company argued the court should strike down a law that could ban the platform by Jan. 19 while the government emphasized its position that the statute is needed to eliminate a national security risk.
“President Trump takes no position on the underlying merits of this dispute. Instead, he respectfully requests that the Court consider staying the Act’s deadline for divestment of January 19, 2025, while it considers the merits of this case,” said Trump’s amicus brief, which supported neither party in the case.
The filings come ahead of oral arguments scheduled for Jan. 10 on whether the law, which requires TikTok to divest from its China-based parent company or face a ban, unlawfully restricts speech in violation of the First Amendment.
Earlier this month, a panel of three federal judges on the US Court of Appeals for the District of Columbia Circuit unanimously upheld the statute, leading TikTok to appeal the case to the Supreme Court.
The brief from Trump said he opposes banning TikTok at this junction and “seeks the ability to resolve the issues at hand through political means once he takes office.”