Hunter Biden, son of President Joe Biden, has asked a court to issue subpoenas to four individuals—including former President Donald Trump—claiming that the criminal probe that led to tax and gun charges against him may have been a politically-driven “vindictive or selective prosecution.”
Mr. Biden’s lawyers justified the subpoena request on grounds that they’re needed for their client to prepare his defense in the criminal case against him, which includes charges of possessing a handgun while addicted to drugs.
The investigation into Mr. Biden that led to his pending case in a Delaware court began in 2018, while President Trump was in office.
The information sought by Mr. Biden is allegedly crucial for his defense, as it aims to establish whether the investigation or prosecution against him was influenced by external pressures or executive branch officials.
“Mr. Biden seeks specific information from three former DOJ officials and the former President that goes to the heart of his defense that this is, possibly, a vindictive or selective prosecution arising from an unrelenting pressure campaign beginning in the last administration, in violation of Mr. Biden’s Fifth Amendment rights under the Constitution,” the filing reads.
The filing not only suggests that the case against Mr. Biden may have been brought due to undue political pressure but that President Trump and the other individuals named in the document have “each had a hand in one way or another” in the case as it remains pending to this day.
The Charges
The criminal charges facing the president’s son date back to 2018 and relate to his purchase and possession of a handgun.Two of the counts relate to allegations that Mr. Biden “knowingly made a false and fictitious written statement, intended and likely to deceive” a gun dealer when he sought to buy a firearm in October 2018.
The third count relates to his possession of a Colt Cobra 38PL revolver while using and being addicted to drugs which, like the other two counts, is in violation of sections of Title 18 of the U.S. Code.
The most serious of the charges—counts one and three—carry a maximum penalty of 10 years in prison, a fine of $250,000, and three years of supervised release.
In the court filing requesting subpoenas for President Trump and others, Mr. Biden’s attorneys referred to the plea deal that they said the prosecution had “unilaterally reneged” on.
The ‘Pressure’
Mr. Biden’s lawyers argued that the investigation that ultimately led to the criminal charges was born out of a wider probe into their client’s taxes and business dealings.They claimed that certain investigative decisions were made as a result of “guidance” that was provided by the office of Mr. Rosen while he was then the deputy attorney general.
They also cited public reports that “appear to suggest incessant, improper, and partisan pressure applied by then President Trump to Messrs. Rosen, Donoghue, and Barr” in relation to the probe into Mr. Biden.
Mr. Biden’s attorneys cited handwritten notes Mr. Donoghue reportedly made from a 2020 call with President Trump and Mr. Rosen, showing that Mr. Trump instructed the two to “figure out what to do” with Mr. Biden and indicating that Mr. Trump insisted that “people will criticize the DOJ if he’s not investigated for real.”
Further, they cite a “plethora” of public comments President Trump has made “calling for an investigation or possible prosecution of Mr. Biden, both while in office and since leaving, that further suggest improper partisan, political demands were at play, either expressly or implicitly.”
Mr. Biden’s attorney’s have asked that the various materials and documents (both personal and official) for which subpoenas are being requested should be produced by Dec. 1, 2023.
