A former FBI informant accused of lying about President Biden and his son Hunter's dealings with the Ukrainian energy company Burisma will remain behind bars, a federal judge in Los Angeles ruled Monday.
After a 40-minute hearing, U.S. District Judge Otis Wright II said he was concerned that Smirnov might flee while awaiting trial on charges of obstruction of justice and lying to federal agents.
“I am not satisfied that there are conditions or a combination of conditions that establish or satisfy my concern that you will not flee the jurisdiction,” Wright said as Smirnov, dressed in a tan jumpsuit and thick black glasses, sat next to his lawyers.
Smirnov's lawyers pushed for his release and even offered to hire private security and rent a house in Los Angeles to address concerns that he might escape.
“I haven't changed my mind,” Wright said at the end of the hearing. “This man will remain in custody pending trial.”
Smirnov, 43, was charged on Feb. 14 with falsely telling his former FBI handler that a Burisma executive had arranged payments of $5 million each to Biden and his son. Smirnov's allegations, made public this summer by Republican lawmakers with the release of internal FBI records documenting his claims, have become a central element of the push to impeach Biden and smear his family with accusations. of corruption.
During Monday's hearing, Smirnov pleaded not guilty to both charges.
Federal agents arrested Smirnov on February 15 at Harry Reid International Airport in Las Vegas as he returned from abroad. He had planned to embark on a months-long international tour and meet with intelligence contacts before criminal charges thwarted him.
Prosecutors repeatedly cited the danger of Smirnov fleeing the United States to escape prosecution and have argued that he should remain behind bars before trial. To bolster his case, prosecutors have revealed an unusual degree of detail about his undercover work as an FBI informant, his shady wealth and his shadowy existence.
Smirnov was briefly released from custody last week after a federal judge in Las Vegas determined that although he posed a flight risk, the court could impose conditions sufficient to ensure he did not flee.
“I understand the concern that foreign intelligence agencies could relocate Mr. Smirnov outside the United States,” Judge Daniel Albregts said, “but I think on some level that is also speculative because… I don't know what Mr. “You'll think of Smirnov in Russia, but I suppose by now you probably think that's not the most attractive place to go either, if you were actually inclined to hide somewhere.”
After being released, Smirnov was arrested again Thursday while in his attorney's office under a new order from Wright, the federal judge in Los Angeles overseeing the case. Wright suggested that defense attorneys wanted him free “to facilitate his escape from the United States.”
Smirnov's defense team, led by veteran Las Vegas attorney David Z. Chesnoff, vehemently objected to the allegation that they were helping their client flee the country. The defense filed an emergency petition last week with the U.S. Court of Appeals for the 9th Circuit, arguing that Wright did not have the authority to order Smirnov's rearrest and his transfer to Los Angeles. The defense team also attempted to have the case reassigned to another judge, accusing Wright of “bias.” and harmful statements.”
On Sunday night, the Ninth Circuit denied Smirnov's petition in its entirety, clearing the way for a Monday morning hearing for Wright to evaluate whether Smirnov should remain in custody.
Shortly before the hearing, Smirnov's lawyers proposed a variety of conditions for his pretrial release, including house arrest; the appointment of a third party over his bank accounts; and a guarantee from the Israeli consulate in Los Angeles that they would not issue another passport to Smirnov. Prosecutors had noted Smirnov's ease in obtaining a new passport from Israel, where he is also a citizen, which could make it easier for him to escape.
