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.
Hunter Biden seeks dismissal of tax, gun cases, citing decision to toss Trump’s classified docs case
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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
More than 95,000 Japanese aged over 100, most of them women
TOKYO: The number of people in Japan aged 100 or older has hit a record high of more than 95,000 — almost 90 percent of them women — government data showed Tuesday.
The figures further highlight the slow-burning demographic crisis gripping the world’s fourth-biggest economy as its population ages and shrinks.
As of September 1, Japan had 95,119 centenarians, up 2,980 year-on-year, with 83,958 of them women and 11,161 men, the health ministry said in a statement.
On Sunday separate government data showed that the number of over-65s has hit a record high of 36.25 million, accounting for 29.3 percent of Japan’s population.
The proportion puts Japan at the top of a list of 200 countries and regions with a population of over 100,000 people, the Ministry of Internal Affairs and Communications said.
Japan is currently home to the world’s oldest living person Tomiko Itooka, who was born on May 23, 1908 and is 116 years old, according to the US-based Gerontology Research Group.
The previous record-holder, Maria Branyas Morera, died last month in Spain at the age of 117.
Itooka lives in a nursing home in Ashiya, Hyogo prefecture in western Japan, the ministry said.
She often says “thank you” to the nursing home staff and expresses nostalgia about her hometown, the ministry said.
“I have no idea at all about what’s the secret of my long life,” Japan’s oldest man, Kiyotaka Mizuno, who is 110, told local media.
Mizuno, who lives in Iwata, Shizuoka prefecture in central Japan with his family, gets up at 6:30 am every morning and eats three meals a day — without being picky about his food.
His hobby is listening to live sports, including sumo wrestling, the ministry said.
Japan is facing a steadily worsening population crisis, as its expanding elderly population leads to soaring medical and welfare costs, with a shrinking labor force to pay for it.
The country’s overall population is 124 million, after declining by 595,000 in the previous, according to previous government data.
The government has attempted to slow the decline and aging of its population without meaningful success, while gradually extending the retirement age — with 65 becoming the rule for all employers from fiscal 2025.
Ozone layer on road to recovery despite volcano eruption, UN weather body says
- On current trends, the ozone layer is on track to recover to 1980 levels by around 2066 over the Antarctic, 2045 over the Arctic and 2040 for the rest of the world, the United Nations agency said
SINGAPORE: The world’s ozone layer is on “the road to long-term recovery” despite a destructive volcanic eruption in the South Pacific, the World Meteorological Organization said on Tuesday, after efforts to phase out ozone-depleting chemicals.
On current trends, the ozone layer is on track to recover to 1980 levels by around 2066 over the Antarctic, 2045 over the Arctic and 2040 for the rest of the world, the United Nations agency said.
Though the volcanic eruption near Tonga in early 2022 led to a short period of accelerated depletion of ozone above Antarctica last year, driven by higher levels of atmospheric water vapor, overall losses were limited, it said in its annual ozone bulletin.
The ozone layer protects the earth from the sun’s ultraviolet radiation, which is linked to skin cancer and other health risks.
The Montreal Protocol, which came into effect in 1989, agreed to phase out chlorofluorocarbons and other ozone-depleting substances, and its success “stands out as a powerful symbol of hope” at a time when multilateral cooperation has come under strain, said UN Secretary-General Antonio Guterres in a statement.
CFCs have been largely replaced by hydrofluorocarbons, which do not cause ozone depletion but are a powerful climate-warming greenhouse gas.
Countries are now implementing the 2016 Kigali amendment to Montreal, which will phase down HFC production, and could avoid around 0.5 degrees Celsius of warming by 2100.
China remains the world’s biggest HFC producer, with current capacity the equivalent of nearly 2 billion metric tons of carbon dioxide. About a quarter is exported.
China’s environment ministry said on Monday it would soon publish a plan to better control HFC production. As a developing country, it is obliged to cut HFC consumption by 85 percent from 2013 to 2045.
China is cutting manufacturing quotas and cracking down on illegal production, but it warned this year it still “faces huge challenges” in phasing down HFCs, which are used by a wide range of different industries, many of which have struggled to find substitute products.
COP29 hosts unveil busy program as main climate agenda stalls
- Key among these is a fund, proposed by Azerbaijan, that intends to raise money for developing countries through donations from fossil fuel producing countries and companies
PARIS: COP29 host Azerbaijan said Tuesday that voluntary pledges on everything from tourism to world peace would be sought at the UN climate summit as disagreements over money stymie the main agenda.
Nations are supposed to agree at the November conference how much should be raised for developing countries to cope with climate change but the formal negotiations so far have been mired in disagreement.
With two months to go, Azerbaijan — which has remained upbeat despite the deadlock — has unveiled over a dozen initiatives on the sidelines that it hopes will “supplement” the difficult talks.
These include asking nations to observe a ceasefire during the marathon summit, to commit to reducing methane from organic waste and emissions from the tourism industry, and pledging to boost global energy storage, among others.
“Successive COP Presidencies have supplemented their mandated programs with non-negotiated action agendas... to achieve ambitious outcomes,” COP29 president Mukhtar Babayev wrote to the nearly 200 nations participating in the summit.
Key among these is a fund, proposed by Azerbaijan, that intends to raise money for developing countries through donations from fossil fuel producing countries and companies.
Azerbaijan — wedged between Iran and Russia and heavily dependent on fossil fuels — is expected to make the first contribution to this so-called “climate finance action fund.”
The fund needs $1 billion and 10 countries as shareholders to launch. Azerbaijan says there has already been early interest, but has not offered specifics.
Voluntary initiatives at the COPs, such as non-binding pledges and commitments, are features of these summits but are distinct from the long and protracted negotiations that produce binding agreements, by consensus, with UN backing.
This year’s summit in Baku is supposed to agree on how much developing countries need to adapt to a warming planet, and where that money should come from.
This target will replace the $100 billion that wealthy countries agreed to pay in climate aid, every year, from 2020.
That amount was only reached for the first time in 2022, and has long been criticized as grossly inadequate.
The lead-up to COP29 has been slow, and two months until the final deliberations nations are no closer to agreeing on what the new figure should be, and who should pay it.
The UN published a draft document in late August setting out seven rough options for a finance deal, laying bare the conflicting positions between nations.
UK PM Starmer says first budget won’t undermine growth goal
- Ahead of that budget, Starmer said that, while dealing with that black hole was essential for creating the stability necessary for growth, all decisions would be made against the objective of growth
ROME: British Prime Minister Keir Starmer said that his government’s first budget next month wouldn’t take steps that undermine his goal to generate growth, but warned that unfunded spending commitments could damage the economy.
Elected in July, Starmer has said he has a dire inheritance left by the previous Conservative administration, and new finance minister Rachel Reeves has warned that taxes are likely to rise in her first budget on Oct. 30 because of what she said was a 22 billion pound ($29 billion) black hole in the public finances.
Ahead of that budget, Starmer said that, while dealing with that black hole was essential for creating the stability necessary for growth, all decisions would be made against the objective of growth.
“If it promotes economic growth, it’s in the Yes column; if it inhibits economic growth, then it’s in the No column,” Starmer told reporters on a trip to Italy on Monday.
“And because I believe that stability is vital for economic growth — I don’t think we’re going to get economic growth if we don’t stabilize the economy — we’re going to do the really hard stuff now.”
Labour has committed to a fiscal rule that day-to-day costs are met by revenues and debt must be falling as a share of the economy within five years under a budget’s forecast.
Asked if he would tweak fiscal rules to promote growth, amid concern from some economists about underinvestment in the economy, Starmer said it was a matter for the budget but strong fiscal rules were important.
“I’ve always thought it’s important to borrow to invest,” Starmer said, though he warned he didn’t want a repeat of the unfunded budget measures that sparked a crisis that forced Conservative Prime Minister Liz Truss from office in 2022.
“Unfunded commitments for spending are just as bad (as unfunded tax cuts) and likely to have the same impact on the economy.” ($1 = 0.7573 pound)
Climate change will escalate child health crisis due to malnutrition, says Gates
- “Around 90 percent of the negative effect of climate change works through the food system. Where you have years where your crops basically fail because of drought or too much rain,” he said
LONDON: Malnutrition is the world’s worst child health crisis and climate change will only make things more severe, according to Microsoft-co-founder turned philanthropist Bill Gates.
Between now and 2050, 40 million more children will have stunted growth and 28 million more will suffer from wasting, the most extreme and irreversible forms of malnutrition, as a result of climate change, the Bill & Melinda Gates Foundation said in a report on Tuesday.
“Unless you get the right food, broadly, both in utero and in your early years, you can never catch up,” Gates told Reuters in an online interview last week, referring to a child’s physical and mental capacity, both of which are held back by a lack of good nutrition. Children without enough of the right food are also more vulnerable to diseases like measles and malaria, and early death.
“Around 90 percent of the negative effect of climate change works through the food system. Where you have years where your crops basically fail because of drought or too much rain,” he said.
Gates was speaking ahead of the publication of the Bill and Melinda Gates Foundation’s annual Goalkeepers report, which tracks progress on the United Nations Sustainable Development Goals (SDGs), around reducing poverty and improving health. The report includes the projections above.
In 2023, the World Health Organization estimated that 148 million children experienced stunting and 45 million experienced wasting.
Gates called for more funding for nutrition, particularly through a new platform led by UNICEF aiming to co-ordinate donor financing, the Child Nutrition Fund, as well as more research. But he said the money should not be taken away from other proven initiatives, like routine childhood vaccinations, for this purpose.
“(Nutrition) was under-researched ... it’s eye-opening how important this is,” he added, saying initiatives like food fortification or improving access to prenatal multi-vitamins could be as effective as some vaccines in improving child health in the world’s poorest countries.
The Gates Foundation said in January it plans to spend more on global health this year than ever before — $6.8 billion – as wider funding efforts stall.
