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Hunter Biden’s subpoena attempt denounced as he potentially faces up to 25 years in prison

By Jake Beardslee · December 5, 2023

In brief…

  • Special counsel David Weiss filed a court submission opposing a request by Hunter Biden to subpoena Trump and others
  • Biden claimed the investigation originated due to "vindictive" actions by the Trump administration
  • Weiss argued Biden provided no evidence of bias or improper actions by the special counsel
Special Counsel David Weiss opposed Hunter Biden's request to subpoena Trump and other officials in an ongoing gun crimes case by arguing Biden provided no proof of improper conduct.  Center for Strategic & International Studies/Gage Skidmore from Surprise, AZ, United States of America/Wikimedia

Special Counsel David Weiss filed a court submission on Tuesday blasting a recent request by Hunter Biden to subpoena former President Donald Trump and other former administration officials in his ongoing gun crimes case. Weiss argued in the filing in Delaware federal court that Biden’s request “is meritless and should be denied.”

Biden had sought subpoenas against Trump, former Attorney General Bill Barr, and two other officials, claiming the investigation into him originated due to “vindictive” actions by the previous Justice Department. However, Weiss pushed back on this claim. “Not only does defendant’s motion fail to identify any actual evidence of bias, vindictiveness, or discriminatory intent on the Special Counsel’s part, his arguments ignore an inconvenient truth: No charges were brought against defendant during the prior administration when the subpoena recipients actually held office in the Executive Branch,” Weiss wrote.

The filing continued, “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.”

Hunter Biden is facing charges of making false statements in connection with a firearm purchase and possessing a firearm while being an unlawful user of controlled substances. His trial is scheduled for after January 2024 and he could face up to 25 years in prison if convicted on all counts.

Biden had initially tried to strike a deal to plead guilty on misdemeanor tax charges in exchange for the gun charges being dropped, but that agreement fell through after scrutiny from the presiding judge.