9 months ago
Prosecutors are asking a federal judge to reconsider a magistrate judge’s decision to free a former FBI source facing charges for falsely claiming that Joe Biden accepted a bribe from a Ukrainian businessperson.
Justice Department attorneys say the former source, Alexander Smirnov, has reported extensive contacts with high-level Russian intelligence operatives and could use those alleged connections to flee justice if allowed to remain out of custody.
Prosecutors working for David Weiss, the special counsel probing issues related to the president’s son Hunter, obtained an indictment of Smirnov last week on charges of making false statements to the FBI and obstruction of justice. Smirnov was arrested at the Las Vegas airport last week as he returned from a trip abroad, and the Justice Department indicated he had another lengthy foreign trip planned just days from now.
Weiss’ team contends that Smirnov’s alleged lies, weak ties to the Las Vegas area and ready access to millions of dollars in assets make him a threat to attempt an escape. They also note that he holds Israeli citizenship and could use it to obtain a new passport and flee.
Magistrate Judge Daniel Albregts in Las Vegas rejected the department’s position on Tuesday, ordering Smirnov released with GPS monitoring. The case is politically explosive: House Republicans have relied on Smirnov’s allegations to fuel their ongoing drive to impeach Biden. Former President Donald Trump, the likely Republican nominee to face Biden in the fall, has eagerly amplified those allegations.
Now, the government suggests Smirnov’s claims may have been initiated and fomented by Russian propagandists seeking to damage a political adversary.
Though the Justice Department describes Smirnov as untrustworthy, it nevertheless repeatedly relies on his own self-reported contacts with Russian officials to make the case for his pretrial detention. In their motion, prosecutors reference “declassified” summaries of Smirnov’s reported contacts with those high-level Russian intelligence officials. It’s unclear if the government has independently confirmed those contacts, but typically the sources and methods used by the intelligence community are among its most closely guarded secrets.
Under federal court rules, the government’s appeal of the release order goes to the district court judge assigned to the underlying criminal case, Otis Wright II. Wright, a Los Angeles-based appointee of George W. Bush, is required to consider the matter anew and not defer to the judgment of the magistrate.
Defense attorneys for Smirnov did not immediately respond to a request for comment Wednesday. In court filings Tuesday, they argued that he has ties to Nevada, and that prosecutors’ claims he withheld details about his finances were inaccurate.
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