LOS ANGELES (AP) – Former FBI informant accused of fabricating multimillion-dollar bribery scheme involving President Joe Biden’s family must remain behind bars while awaiting trial, a judge ruled Monday, overturning an earlier order to release the man.
U.S. District Judge Otis Wright II in Los Angeles ordered Alexander Smirnov detained after prosecutors expressed concerns that the man who claims to have ties to Russian intelligence could flee the country. Wright said he did not believe he could set release conditions that would ensure Smirnov would not escape.
LEARN MORE: Former FBI source accused of lying about Biden and having Russian contacts returned to US
“There’s nothing all that varied about this case,” Wright said before announcing his decision. “I have not changed my mind. This man will be remanded in custody pending trial.
Another judge had released Smirnov from prison using electronic GPS monitoring after his February 14 arrest, but Wright ordered his return to detention last week, after prosecutors asked to reconsider Smirnov’s detention. Wright said in a written order released Friday that efforts by Smirnov’s lawyers to free him were “likely to facilitate his flight from the United States.”
Smirnov is accused of falsely reporting to his FBI agent that executives of the Ukrainian energy company Burisma had paid President Biden and Hunter Biden 5 million dollars each around 2015. This demand has become central for the Republican Party. indictment investigation from President Biden to Congress.
In urging the judge to keep him in prison, prosecutors revealed that Smirnov reported to the FBI that he had numerous contacts with officials associated with Russian intelligence services and claimed that those officials were involved in passing a story about Hunter Biden. Prosecutors said Smirnov planned to travel abroad to several countries days after his Feb. 14 arrest, where he said he was meeting with foreign intelligence contacts.
Smirnov, who has dual Israeli-American citizenship, is being charged by the same Justice Department special counsel who separately filed weapons and tax charges against Hunter Biden.
Smirnov has not pleaded guilty, but his lawyers have said they look forward to defending him at trial. Defense lawyers said in seeking his release that he had no criminal history and had close ties to the United States, including with a longtime relative who lives in Las Vegas. .
LEARN MORE: Hunter Biden’s lawyers suggest his case is tainted by claims of former FBI informant accused of lying
In his ruling last week freeing Smirnov on GPS surveillance charges, U.S. Magistrate Judge Daniel Albregts in Las Vegas said he was concerned about his access to what prosecutors estimate was $6 million in funds, but said noted that federal guidelines required it to develop “the least restrictive conditions.” » before his trial.
Smirnov was arrested again Thursday morning while meeting with his attorneys at their offices in downtown Las Vegas.
In an emergency petition to the 9th U.S. Circuit Court of Appeals, Smirnov’s lawyers said Wright did not have the authority to order Smirnov’s return to custody. The defense also criticized what it called Wright’s “biased and prejudicial statements,” insinuating that Smirnov’s lawyers had acted inappropriately in pushing for his release.
The appeals court rejected Smirnov’s emergency request late Sunday, refusing to block Monday’s hearing or hand the case over to another judge.
Smirnov had been an informant for more than a decade when he made explosive allegations about the Bidens in June 2020, after “expressing bias” about Joe Biden as a presidential candidate, prosecutors said. Smirnov had only routine business dealings with Burisma as of 2017, according to court documents. No evidence has emerged that Joe Biden acted corruptly or accepted bribes in his current role or in his previous term as vice president.
Although his identity was not publicly known before the indictment, Smirnov’s claims played a major role in Republican efforts in Congress to investigate the president and his family, and helped spark what is now an impeachment inquiry into Biden by the House. Republicans continuing their investigations into the Bidens demanded that the FBI release the unredacted form documenting the unverified allegations, although they acknowledged they could not confirm whether they were true.
Richer reported from Boston.
