Prosecutors are urging a federal judge to reconsider a magistrate judge’s ruling to release a former FBI source who is accused of making false claims about Joe Biden accepting a bribe from a Ukrainian businessperson.
The Justice Department attorneys have stated that Alexander Smirnov, the former source, has disclosed significant interactions with top-level Russian intelligence operatives. They argue that Smirnov could potentially exploit these alleged connections to evade justice if he is permitted to stay out of custody.
Last week, Smirnov was indicted by prosecutors working for David Weiss, the special counsel investigating matters involving Hunter Biden. The indictment charges Smirnov with making false statements to the FBI and obstruction of justice. Upon his return from a trip abroad, Smirnov was arrested at the Las Vegas airport. The Justice Department also revealed that Smirnov had another lengthy foreign trip scheduled in a few days.
According to Weiss’ team, Smirnov’s alleged lies, limited connections to the Las Vegas area, and easy access to significant financial resources raise concerns about his potential escape. They also point out that Smirnov holds Israeli citizenship, which could enable him to obtain a new passport and flee if necessary.
Magistrate Judge Daniel Albregts in Las Vegas defied the department’s stance on Tuesday and ruled for the release of Smirnov with GPS monitoring. This particular case holds significant political weight, as House Republicans have used Smirnov’s claims to bolster their continuous push for Biden’s impeachment. Former President Donald Trump, the presumed Republican candidate to challenge Biden in the upcoming election, has enthusiastically amplified these allegations.
According to the government, it is now being suggested that Smirnov’s claims may have been instigated and encouraged by Russian propagandists with the intention of harming a political opponent.
The Justice Department, while regarding Smirnov as untrustworthy, still relies on his self-reported interactions with Russian officials to support his pretrial detention. Prosecutors mention “declassified” summaries of Smirnov’s alleged contacts with high-level Russian intelligence officials. It remains uncertain whether the government has verified these contacts independently. However, the intelligence community usually keeps its sources and methods highly confidential.
According to federal court rules, the district court judge assigned to the underlying criminal case, Otis Wright II, will handle the government’s appeal of the release order. As a Los Angeles-based appointee of George W. Bush, Judge Wright is obligated to review the matter independently and not simply defer to the magistrate’s judgment.
Defense attorneys representing Smirnov did not provide an immediate response when asked for comment on Wednesday. However, in court filings submitted the previous day, they contended that Smirnov has connections to Nevada and disputed the accuracy of the prosecution’s allegations regarding his financial disclosures.