Hunter Biden is unlikely to prevail in trying to subpoena documents from former President Donald Trump, former Attorney General William Barr and other ex-Department of Justice officials in his federal criminal gun case, Francey Hakes told Newsmax on Wednesday.
Attorneys for the son of President Joe Biden made the request at U.S. District Court in Delaware, where Hunter Biden is facing federal charges that he lied about his drug use while purchasing a handgun. Hunter Biden has pleaded not guilty, and his attorneys reportedly argued in their court filing that political pressure by Trump during his administration tainted the investigation.
Hakes, a former federal prosecutor, told "The Record With Greta Van Susteren" she highly doubts Hunter Biden will prevail in gaining the documents.
"I think it's pretty unfortunate for Hunter Biden's case if the heart of his defense is selective or vindictive prosecution because those almost never work no matter what the evidence might be of it," Hakes said. "There's always going to be someone else who was prosecuted for being a drug user or lying on a federal firearms form, so I don't even know how he meets the burden."
Hakes said she believes "this is just a headline grab" by Hunter Biden's attorneys because the evidence is stacked against their client.
"I just don't see much of a defense for him here," Hakes said. "In his book ["Beautiful Things: A Memoir"], on his laptop, there's plenty of evidence that he was a drug user at the time that he purchased that weapon.
"[He] said he wasn't a current drug user when he filled out the form. I don't know whether this is just grasping at straws by his defense, or just some way to try to throw a curveball at the Department of Justice."
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