Lawyers for Hunter Biden on Thursday asked federal judges in California and Delaware to dismiss the criminal cases against him, citing the recent dismissal of former President Donald Trump‘s classified documents case.

The pair of motions pointed to U.S. District Judge Aileen Cannon’s finding that special counsel Jack Smith was improperly appointed by Attorney General Merrick Garland to prosecute the Florida case against Trump. The legal team for President Joe Biden’s son argued that U.S. Attorney David Weiss, the special counsel who ultimately filed indictments against the first son on tax and gun-related offenses, is also unconstitutionally appointed.