A federal judge denied a Justice Department request to release Alexander Smirnov, a former F.B.I. informant who pleaded guilty to lying about Hunter Biden and tax evasion. Judge Otis D. Wright II stated that no new evidence demonstrated Smirnov was less of a flight risk than when arrested. Smirnov’s claims, promoted by Republicans and Trump supporters, related to a supposed bribery scheme involving President Biden and Hunter. Despite the Justice Department’s earlier arguments for his early release, the judge maintained that Smirnov’s conviction and six-year sentence provided sufficient incentive for him to flee.
On Wednesday, a federal judge dismissed an appeal by the Justice Department to release a former F.B.I. informant who pleaded guilty to lying regarding Hunter Biden and avoiding taxes. The judge stated that the facts of the case had not changed and expressed concerns that the individual might flee if released.
Alexander Smirnov, the informant in question, entered a guilty plea in December and agreed to a six-year prison term, confessing that he had misled the government about having information on a bribery scheme involving President Joseph R. Biden Jr. and his son, Hunter.
Prior to his indictment and subsequent admission of guilt, Republican lawmakers had highlighted Smirnov’s false allegations about the Bidens in their attempts to impeach President Biden. During the 2024 presidential election campaign, those allegations were further promoted by Kash Patel, a Trump supporter who currently serves as the director of the F.B.I.
However, this month, the Justice Department, which had previously imprisoned Smirnov, filed motions in court to seek his early release, indicating a reevaluation of the situation. Sources familiar with the issue, who requested anonymity, revealed that the request came from senior officials in Washington.
In Los Angeles, U.S. District Court Judge Otis D. Wright II denied that request, stating that neither the prosecutors nor Smirnov’s attorneys had provided any evidence showing he was less of a flight risk than when he was initially arrested. The judge also rebuffed claims made by the defense regarding the specifics of his plea agreement.
The judge noted that the parties involved in the case “offer no new facts in their submissions that would change the court’s determination that Smirnov is a flight risk, much less furnish ‘clear and convincing evidence’ that he is not.”
The Smirnov case emerged from the federal probe into Hunter Biden, with his plea deal negotiated by David C. Weiss, the special counsel who oversaw the investigation and later stepped down in January.
Throughout the Biden administration, the Justice Department opposed releasing Smirnov, who was taken into custody at the Las Vegas airport upon his return from abroad.
In a recent filing, prosecutors asserted that “clear and convincing evidence for the defendant’s nonviolent offenses indicates that he is unlikely to flee or pose a threat to anyone’s safety.”
The judge’s ruling indicated that the government’s revised argument was unpersuasive, stating that “the reality is Smirnov has been convicted and sentenced to 72 months in prison, creating a strong incentive for him to flee.”