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By Andrew Stanton
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Hunter Biden, the son of President Joe Biden, is banking on Donald Trump to save him from his gun charge.
Hunter Biden's legal team on Wednesday filed a motion requesting a court to subpoena the former president for documents they argued would prove the Department of Justice's (DOJ) investigation resulting in his federal gun charges was politically motivated, echoing a claim frequently made by Trump as he faces his own criminal probes. One legal expert, however, told Newsweek this tactic may not work in his favor.
Hunter Biden has pleaded not guilty to three felony charges related to a 2018 firearm purchase. Federal prosecutors alleged he lied about not being addicted to drugs when purchasing a gun, despite knowing that statement was "false," therefore making the transaction illegal, according to a September indictment.
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The charges come as Biden is seeking reelection next November, and Republicans have sought to tie him to his son's legal troubles ahead of the poll.
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Hunter Biden's attorneys requested subpoenas for the former president, as well as several then-DOJ officials, including former Attorney General William Barr, former Acting Attorney General Jeffrey Rosen and U.S. Attorney Richard Donoghue.
The filing alleges several instances in which Trump allegedly applied "incessant,
improper, and partisan pressure" to DOJ officials in relation to the investigation, which began in 2018, pointing to a number of the former president's social media posts about the investigation.
On December 12, 2020, Trump wrote in a post to X, then Twitter, that if Joe Biden gets into office, "nothing will happen to Hunter or Joe."
His attorneys also argued Trump and his congressional allies engaged in a "sustained, almost-nonstop public pressure campaign" by criticizing the DOJ's handling of the case.
They argued the pressure culminated in prosecutors bringing an indictment against him, rather than sticking by a previous agreement to lesser charges.
"It is clear no measure of charges against Mr. [Hunter] Biden will ever be enough to appease Chairmen Comer and Smith and their MAGA allies. As anyone can readily tell, it is not just pressure from within the Trump-era executive branch that is
the problem; it is also incessant, unrelenting outside interference from congressional Republicans and their allies in the prosecutorial process, which is supposed to be independent and free from political interference," the filing reads.
Former federal prosecutor Neama Rahmani told Newsweek Wednesday that selective prosecution is difficult to establish in a defense.
"[Hunter] Biden's lawyers need to prove the prosecution was for an impermissible purpose, such as to prevent the exercise of a constitutional right, or based on an impermissible reason such as race or religion," he said, adding that it is unlikely they will be able to meet that burden.
Rahmani noted the investigation has continued under his father's DOJ, so issuing subpoenas to former officials does not "follow logically either."
Hunter Biden's attorneys are requesting Trump and the other ex-DOJ officials to turn over several types of documents.
- All documents or records reflecting communications between the recipients "discussing any formal or informal investigation or prosecution of Hunter Biden."
- All documents or records reflecting communications about Hunter Biden between the recipients and any other "government official or staff person."
- Any personal records, such as journals or notes, related to Hunter Biden.
- Any documents produced for the House Select Committee to investigate the January 6 attack on the United States Capitol mentioning Hunter Biden.
Newsweek reached out to Hunter Biden's legal team and Trump's campaign for comment via email.
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