A federal judge overseeing Hunter Biden’s trial on tax charges rejected his bid to toss the case after the president’s son sought to argue the special counsel prosecuting the case was improperly appointed.
Biden had made the argument after the judge overseeing former President Trump’s documents case ruled that special counsel Jack Smith was improperly appointed — a decision the Justice Department is now appealing.
California-based Judge Mark Scarsi rejected similar logic in Biden’s case, allowing the trial to move forward in September.
Scarsi wrote that he had already weighed the legality of special counsel David Weiss’s role, finding he was properly appointed. He said Judge Aileen Cannon’s ruling did not provide a basis for reconsidering that decision.
It’s not the first time Biden has mirrored arguments from Trump in fighting his own case.
He previously filed a motion seeking to toss the case by arguing the case was politically motivated.
It’s the second criminal trial in just months against the president’s son, who was convicted in June of three felony charges in a separate federal case brought in Delaware stemming from his purchase of a gun in 2018.
In the California-based case, Biden is accused of failure to pay more than $1.4 million in taxes.
The Associated Press contributed.