Judge asked to reverse order freeing former FBI source who allegedly lied about Bidens

The Department of Justice (DOJ) is asking a federal judge to reverse an order that released the former FBI informant who was charged last week with making false statements about President Biden and his son, Hunter Biden.

In court documents filed Wednesday in the Central District of California, federal prosecutors asked District Judge Otis D. Wright to reverse a Tuesday order from Magistrate Judge Daniel J. Albregts in the District of Nevada that released Alexander Smirnov from custody. 

“As discussed in more detail below, the nature and circumstances of the offense, weight of the evidence, and the fact that Smirnov’s ties to the community are weak establish that Smirnov should be detained,” prosecutors said.

Smirnov was charged last week with making false statements to the FBI in relation to his testimony about Hunter Biden. He had previously told the law enforcement agency that both the president and Hunter Biden received $5 million bribes from the head of Ukrainian energy firm Burisma — a claim at the center of the ongoing House GOP probe into the Biden family.

The DOJ previously argued against the release Tuesday, saying Smirnov should be detained because he previously made plans to travel outside the U.S. to meet with “multiple foreign intelligence agencies” who were capable of relocating him. The DOJ’s Tuesday filing also said Smirnov received information from Russian intelligence.

The department made similar arguments in its Wednesday filing, requesting the judge reverse the order and claiming Smirnov also has access to more than $6 million in liquid funds that would allow him to “live comfortably” overseas for the remainder of his life. The prosecutors said Smirnov did not disclose to Pretrial Services that he had access to those funds, saying he claimed he only had $1,500 cash on hand and $5,000 in a personal checking account.

“The fact that Smirnov misrepresented his assets alone should cause Smirnov to be detained because it shows that, at the first opportunity, he did not provide true and complete information to Pretrial Services,” prosecutors wrote.

The DOJ also pointed out that as an Israeli citizen, Smirnov could obtain a new passport at the Israeli consulate in Los Angeles, which could allow him to use leave the U.S. at any time.

“Based on the above, this Court should conclude that no condition or combination of conditions will reasonably assure the appearance of the Smirnov as required and order him detained pending trial,” the prosecutors concluded.