The special counsel overseeing the Hunter Biden investigation asked the judge in his gun charge case to reject his request to subpoena documents from former President Donald Trump and former Justice Department officials from his administration as part of his defense.
In a court filing Monday, prosecutors argue that Biden lacks the evidence to support his claim of possible political interference that might have influenced the criminal case against him.
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“His allegations and subpoena requests focus on likely inadmissible, far-reaching, and non-specific categories of documents concerning the actions and motives of individuals who did not make the relevant prosecutorial decision in his case,” prosecutors from special counsel David Weiss's office wrote in a 32-page filing, signed by principal senior assistant special counsel Leo Wise.
Biden’s attorneys argued in a request from November that public reporting shows “certain instances that appear to suggest incessant, improper, and partisan pressure applied” by Trump and his then-Attorney General William Barr, along with two top officials, Jeffrey Rosen and Richard Donoghue.
Lawyers for the president’s son also wrote that “the heart of his pre-trial and trial defense that this is, possibly, a vindictive or selective prosecution that arose out of an incessant pressure campaign that began in the last administration, in violation of Mr. Biden’s constitutional rights.”
However, Weiss's office wrote Biden’s defense failed “to identify any actual evidence of bias, vindictiveness, or discriminatory intent on the Special Counsel’s part.”
While the investigation into Biden’s taxes and a gun purchase started in 2018 after significant pressure from Republicans under Trump’s administration, the charges were not brought against him until last year under the administration of his father, President Joe Biden. Weiss said Hunter Biden’s arguments were ignoring an "inconvenient truth."
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“No charges were brought against defendant during the prior administration when the subpoena recipients actually held office in the Executive Branch. Instead, every charge in this matter was or will be brought during the current administration — one in which defendant’s father, Joseph R. Biden, is the President of the United States and Merrick B. Garland is the Attorney General that was appointed by President Biden and who personally appointed the Special Counsel,” the court filing read.
The younger Biden is fighting three federal charges that he lied on a form for a firearms purchase in 2018, while he was struggling with addiction. In October, he pleaded not guilty to all charges filed after a plea deal fell apart in July when a judge questioned the provisions. The now-defunct plea deal included two tax misdemeanor charges against him, which a federal judge in Delaware dismissed in August.