Weiss dismissed the request as "meritless" and likened it to a "fishing expedition.".
Earlier this month, defense lawyers representing the 53-year-old son of the current President had petitioned US District Judge Maryellen Noreika to issue subpoenas for Trump, Barr, former Acting Attorney General Jeffrey Rosen, and former Deputy Attorney General Richard Donoghue.
The legal team suggested that statements made by these former officials indicate "partisan ambitions" behind the five-year criminal investigation into Hunter Biden. Weiss, however, disagreed with this assertion.
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In a filing submitted to the Delaware federal court, Weiss wrote, "His motion is meritless and should be denied." He further argued that the defendant's motion failed to present any tangible evidence of bias, vindictiveness, or discriminatory intent on the part of the Special Counsel.
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Weiss pointed out an "inconvenient truth" that no charges were brought against the defendant during the previous administration when the subpoena recipients were in office in the Executive Branch.
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Weiss highlighted that all charges filed against Hunter Biden – three felony counts related to lying about his crack cocaine addiction when purchasing a gun nearly five years ago – were brought during the current administration.
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This administration is led by Hunter's father, President Joseph R. Biden, and Attorney General Merrick B. Garland, who was appointed by President Biden and personally appointed the Special Counsel.
Weiss contended, "Defendant has not shown, nor can he, how external statements by political opponents of President Biden improperly pressured him, his Attorney General, or the Special Counsel to pursue charges against the President’s son." He further noted that claims of vindictive and selective prosecution are not valid trial defenses and are never argued before trial juries.
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Hunter Biden's lawyers, Abbe Lowell and Bartholomew Dalton, are seeking to obtain records or communications regarding the investigation dating back to January 20, 2017. This includes diaries, journals, memoirs, memos, and notes from Trump, Barr, and the two other ex-DOJ officials.
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The lawyers argue that remarks, congressional interviews, and social media posts by each have hinted at "an almost-nonstop public pressure campaign" by Trump to prosecute Hunter for his own "partisan ambitions." They had hoped to obtain the documents related to their subpoena request by December 1.
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Weiss argued that the "defendant’s sweeping subpoena requests contain numerous requests that amount to the kind of fishing expedition that courts have condemned as improper." Barr, Rosen, and Donoghue all took office after the probe into Hunter’s alleged tax and gun law violations began in November 2018.
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Hunter Biden is expected to stand trial on the three firearms-related charges next year. He may also face additional tax fraud charges in Washington, DC, or Los Angeles for missing payments on millions of dollars he earned between 2017 and 2018.
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House Republicans are also conducting an impeachment inquiry into President Biden, alleging that he may have abused his office as vice president, profited from his son’s overseas business dealings, and interfered in the government’s probe into his son.
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