Judge Rejects Efforts to Free F.B.I. Informant Who Lied About Hunter Biden

New York Times

01-05-2025

A federal judge on Wednesday rejected a bid by the Justice Department to free a former F.B.I. informant who had pleaded guilty to lying about Hunter Biden and evading his taxes, saying that nothing about the facts of the case had changed and the man might still flee if released.
The longtime informant, Alexander Smirnov, pleaded guilty in December in exchange for a six-year prison sentence, admitting that he had lied to the government when he claimed to have information about a multimillion-dollar bribery scheme involving President Joseph R. Biden Jr. and his son Hunter.
Before Mr. Smirnov was charged and eventually admitted his guilt, Republican lawmakers had promoted his false claims about the Bidens in their push to try to impeach President Biden. During the 2024 presidential campaign, Mr. Smirnov's allegations were also amplified by the Trump supporter Kash Patel, who is now the director of the F.B.I.
Then, in an abrupt reversal this month, the Justice Department that had sent Mr. Smirnov to prison filed court papers seeking to have him released early, saying it was taking a second look at the case. That request was filed under instructions from senior Justice Department officials in Washington, according to people familiar with the decision who spoke on the condition of anonymity to describe internal discussions.
In Los Angeles on Wednesday, a U.S. District Court judge, Otis D. Wright II, rejected that request, saying neither prosecutors nor Mr. Smirnov's lawyers had presented any evidence that Mr. Smirnov was any less of a flight risk than when he was arrested. The judge also pushed back on what he said were inaccurate claims by the lawyers about the precise terms of his plea deal.
The parties in the case, the judge wrote, 'present no new facts in their papers that would alter the court's conclusion that Smirnov is a flight risk, let alone provide 'clear and convincing evidence' that he is not one.'
The Smirnov case was an offshoot of the federal investigation into Hunter Biden, and the plea deal was negotiated by David C. Weiss, the special counsel who led the inquiry and then stepped down in January.
During the Biden administration, the Justice Department argued against the release of Mr. Smirnov, who had been arrested at the Las Vegas airport after returning to the United States from overseas.
In the department's filing earlier this month, prosecutors said that 'clear and convincing evidence for defendant's nonviolent offenses of conviction shows that defendant is not likely to flee or pose a danger to the safety of any other person.'
The judge's order said that the government's new argument was unconvincing, writing that 'the fact remains that Smirnov has been convicted and sentenced to 72 months in prison, providing ample incentive to flee.'