Justice Dept. Pushes for Release of Ex-FBI Informant Accused of Lying About Bidens

Justice Department Moves to Release Former FBI Informant Pending Appeal

In a significant shift in its stance, the Justice Department requested a federal judge on Thursday night to grant bail to Alexander Smirnov, a former FBI informant currently incarcerated as he awaits appeal on his conviction. Smirnov was sentenced for disseminating false information that was leveraged by allies of former President Donald Trump to accuse President Joe Biden and his son Hunter of bribery.

The request was filed by a federal prosecutor in California following directives from senior officials at the Justice Department in Washington, D.C. This development represents a continued trend towards leniency in the treatment of individuals associated with Trump, including those involved in the January 6 Capitol riots.

Smirnov is a controversial figure whose dubious claims were formerly endorsed by Kash Patel, the FBI director. Last December, he accepted a six-year prison sentence after admitting to fabricating allegations that President Biden and Hunter Biden received $5 million bribes from a Ukrainian oligarch.

The case involving Smirnov originated from the broader federal investigation into Hunter Biden. The plea deal was negotiated by David C. Weiss, the special counsel leading the inquiry, who resigned from his position in January. Notably, the prosecutors who initially managed the investigation withdrew from the case on the same day the government’s motion was submitted to the court.

Under the Biden administration, the Justice Department previously opposed Smirnov’s release from custody, citing his arrest at a Las Vegas airport after returning from international travel. In May 2024, the Ninth Circuit Court of Appeals sided with the department, characterizing Smirnov as a flight risk due to his international connections, which could facilitate evasion of law enforcement.

However, in a surprising pivot, the government has now aligned with Smirnov’s defense to request that Judge Otis D. Wright II of the Central District of California allow his release, conditional on his confinement to Nevada and permission to travel to San Francisco for medical consultations regarding a severe eye condition.

As of now, a hearing for this motion has not been scheduled, and it remains uncertain whether Judge Wright will accept or deny the request. A spokesperson for the Justice Department did not provide immediate comments, while Smirnov’s attorney, David Chesnoff, opted not to comment on the matter.

In their court filing, the government asserted that "clear and convincing evidence" related to Smirnov’s nonviolent offenses indicates that he is not likely to flee or pose any danger to others. Despite this, it is worth noting that law enforcement agents discovered a collection of firearms in Smirnov’s luxury apartment, an alarming finding considering his status as a convicted felon precludes him from possessing firearms.

Under the leadership of current officials, the Justice Department has scaled back its anti-corruption units, prompting concerns that the changes serve to benefit Trump-associated individuals. Recently, the department even sought to dismiss corruption charges against New York City Mayor Eric Adams.

Smirnov’s indictment was a notable embarrassment for congressional Republicans who had seized on his disproven claims as proof that Trump led a "crime family." These allegations were even included in Smirnov’s official reports to his FBI handlers. Kash Patel, an advocate of these claims, has yet to distance himself from Smirnov’s false narratives.

After conducting debriefings, FBI agents deemed Smirnov’s account of bribery allegations as unreliable. Nonetheless, Patel and some Republicans continued to allege that the FBI was concealing genuine misconduct related to the Biden family.

In an earlier media appearance, Patel misrepresented the situation, suggesting new evidences substantiated some claims included in Smirnov’s reports, despite those reports being widely discredited.

Smirnov’s complicated history involves balancing a role as an informant delivering valuable information to the FBI about various oligarchs and public officials, while simultaneously positioning himself as a consultant to some of those same individuals. His downfall came in 2020 when he falsely informed his FBI handlers that a Ukrainian energy oligarch had arranged bribes for both President Biden and his son.

Prosecutors refuted Smirnov’s claims, explaining that he had no credible evidence to support them, as his interactions with Burisma executives occurred only after Biden had left the vice presidency. Furthermore, it was revealed that attempts to portray Hunter Biden as a target of Russian surveillance were fabricated, as Biden never actually visited Ukraine in the timeframe Smirnov suggested.

As part of his plea agreement, Smirnov pleaded guilty to several charges, including creating false records during a federal investigation, obstructing justice, and failing to pay taxes on $2.1 million in income earned between 2020 and 2022. He has been ordered to pay restitution amounting to $675,502.

As the case unfolds, it serves as a stark reflection of the intertwined legal and political complexities surrounding figures associated with former President Trump and the ongoing investigations into allegations of corruption and misconduct within the upper echelons of governance.