Ex-FBI informant will remain in jail while awaiting trial on charges of lying to FBI about Bidens

LOS ANGELES — Alexander Smirnov, the former FBI informant who is charged with lying to the FBI about the Biden family, will remain in jail until his trial, a federal judge ruled Monday.

U.S. District Judge Otis D. Wright II hastily called the Monday hearing after Smirnov was rearrested last week following his release by a Las Vegas magistrate judge. Wright said the dual American and Israeli citizen has a concerning habit of making false statements and could be a flight risk if released on bail.

Smirnov, who has pleaded not guilty to the charges, was shackled in a prison jumpsuit for the court appearance and was accompanied by four lawyers. He wore glasses, and his lawyers said he suffers from an eye condition that requires significant medical care and surgery. His attorneys said the condition was a reason for him to remain out of jail. They noted that he is being held in isolation because of the high-profile nature of his case.

Federal prosecutors indicted Smirnov on Feb. 14 for falsely telling the FBI that executives for a Ukrainian energy company had paid bribes to President Joe Biden and his son Hunter. The bribery claim became a central part of House Republicans’ impeachment inquiry of the president.

The charges against Smirnov were brought by special counsel David Weiss, who has led a long-running investigation of Hunter Biden and has charged the president’s son with gun and tax crimes.

Prosecutors warned that Smirnov’s self-described ties to Russian intelligence put him at high risk of fleeing if he were not kept in jail while awaiting trial. His lawyers said FBI and Defense Department officials urged him to make contacts with foreign government officials in his role as a government informant — and that the existence of those relationships shouldn’t justify his detention.

But Wright was unconvinced, questioning whether all Smirnov’s foreign ties resulted from his government work. His defense lawyers conceded that they did not.

Defense lawyers noted that Smirnov was arrested for the second time last week while meeting with them at their office — an indication that he was preparing for trial, not trying to flee. But prosecutors said they chose to arrest him there because he has nine guns at his home, including an assault weapon.

Smirnov’s indictment stunned Washington. He had no public profile before being charged with lying to the FBI. But his relationship with the bureau as an anonymous source drew national attention last year when congressional Republicans — led by Sen. Chuck Grassley of Iowa — obtained and released notes that his FBI handler wrote about a conversation they had.

According to the FBI notes, Smirnov told his handler in 2020 that a Ukrainian energy mogul told him in 2016 or 2017 that the mogul had paid bribes to Joe and Hunter Biden. When the FBI notes became public in 2023, Republicans and conservative media figures cited them as evidence of Biden family corruption — and as a reason to start an impeachment inquiry. They also accused the Justice Department of ignoring the potentially damning allegation.

But now, the Justice Department is accusing Smirnov of lying to the FBI when he made that allegation. Smirnov’s lawyers have said he could face three years in prison if convicted.

Nieves reported from Los Angeles. Swan reported from Washington.