Special counsel David Weiss opposes Hunter Biden’s request to subpoena Trump and ex-DOJ officials

The special counsel who is overseeing the investigation into Hunter Biden in his gun charge case urged a federal judge Monday to deny a request from the president’s son to subpoena former President Donald Trump and officials who served in the Justice Department during his administration.

In a 32-page filing, prosecutors from David Weiss’ office said the requests were “far-reaching” and sought “non-specific categories of documents” from former officials who hadn’t brought any charges in the case.

Biden’s attorneys last month had asked U.S. District Judge Maryellen Noreika, who is presiding over the case, to subpoena Trump, former Attorney General William Barr, former acting Deputy Attorney General Richard Donoghue and former acting Attorney General Jeffrey Rosen, arguing that the investigation into their client “arose out of an incessant pressure campaign that began in the last administration, in violation of Mr. Biden’s constitutional rights.”

Prosecutors countered in Monday’s filing that Biden hadn’t provided evidence of any pressure.

“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,” prosecutors wrote.

“In addition to offering no evidence that the now-Special Counsel had any animus or improper motivation against defendant, he offers no evidence that the current Attorney General acted out of any improper motive in empowering the Special Counsel to continue pursuing prosecution,” they added.

An attorney for Biden declined to comment Monday night.

A plea deal that Biden struck with federal prosecutors after charges were brought against him this year unraveled in July when the presiding judge in the case raised concerns about its terms.

Weiss, a Trump appointee, had requested and was granted special counsel status following the failed plea deal. He is overseeing Biden’s indictment on gun charges.

Biden has pleaded not guilty to a three-count indictment tied to his alleged possession of a gun while using narcotics.

A date for a ruling on the motion hasn’t been publicly set. All pretrial motions are due Dec. 11.

Biden is also a target of House Republicans’ impeachment inquiry into the president.

The Republican chairmen of the House Oversight and Judiciary committees recently said the president’s son is seeking “special treatment” from the committees with his request to testify publicly instead of in a private deposition, according to a letter to Hunter Biden’s attorney obtained by NBC News.

Zoë Richards

Zoë Richards is the evening politics reporter for NBC News.

Gary Grumbach

Gary Grumbach produces and reports for NBC News, based in Washington, D.C.

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