Ex-FBI informant charged with lying about Bidens’ business dealings re-arrested

A former FBI informant who was arrested last week on charges of lying to the bureau about the Bidens’ alleged business dealings with a Ukrainian energy company, was re-arrested Thursday after a judge deemed him a flight risk. 

Alexander Smirnov, 43, was released by a Nevada judge earlier this week. A California judge ordered him arrested again on Thursday after federal prosecutors argued Smirnov, who holds dual U.S.-Israeli citizenship, was a flight risk. 

The informant, Alexander Smirnov, is "actively peddling new lies that could impact U.S. elections," federal prosecutors said Wednesday, as they appealed to a judge to keep him behind bars ahead of trial on charges alleging he lied to the FBI about a phony multimillion-dollar bribery scheme involving the Bidens and the Ukrainian energy company Burisma.

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The latest charges were filed in Los Angeles, California, meaning if his case goes to trial, that's where the case will be. 

Several sealed entries were listed in the court docket, but no additional details about his return to custody were immediately available.

Smirnov is charged with making a false statement and creating a false and fictitious record.

According to attorneys David Chesnoff and Richard Schonfeld, Smirnov was arrested Thursday morning at their law offices in downtown Las Vegas on the same charges. The lawyers did not immediately respond to phone and text message requests for further comment.

Prosecutors say Smirnov falsely told his handler that executives from the Ukrainian energy company Burisma paid President Biden and Hunter Biden $5 million each around 2015. The claim became central to the Republican impeachment inquiry in Congress.

FBI informant who lied about the Bidens’ ties to Ukrainian energy company had high-level Russian contacts: DOJ

A former FBI informant charged with lying about a multimillion-dollar bribery scheme between a Ukrainian energy company and the Bidens had contacts with Russian intelligence officials, prosecutors said Tuesday. 

In court filings, prosecutors said Alexander Smirnov admitted during an interview before his arrest last week that "officials associated with Russian intelligence were involved in passing a story" about the president’s son, Hunter Biden. They said Smirnov's contacts with Russian officials were recent and extensive, and said Smirnov had planned to meet with one official during an upcoming overseas trip.

They said Smirnov has had numerous contacts with a person he described as the "son of a former high-ranking government official" and "someone with ties to a particular Russian intelligence service." They said there is a serious risk that Smirnov could flee overseas to avoid facing trial.

Prosecutors revealed the alleged contact as they urged a judge to keep Smirnov behind bars while he awaits trial. 

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Smirnov, who holds dual U.S.-Israeli citizenship, is charged with falsely reporting to the FBI in June 2020 that executives associated with the Ukrainian energy company Burisma paid Hunter and Joe Biden $5 million each in 2015 or 2016. 

Smirnov had only routine business dealings with the company starting in 2017 and made the bribery allegations after he "expressed bias" against Joe Biden while he was a presidential candidate, prosecutors said. Special Counsel David Weiss said Smirnov’s lies were aimed at affecting the 2024 presidential election. 

Smirnov is charged with making a false statement and creating a false and fictitious record. The charges were filed in Los Angeles, where he lived for 16 years before relocating to Las Vegas two years ago.

Smirnov was due in court later Tuesday in Las Vegas. He has been in custody at a facility in rural Pahrump, about an hour drive west of Las Vegas, since his arrest last week at the airport while returning from overseas.

U.S. Magistrate Judge Daniel Albregts allowed Smirnov to be released from custody on electronic GPS monitoring while he awaits trial. He must stay in Clark County, Nevada, and is prohibited from applying for a new passport.

Before his arrest, Smirnov had been scheduled to leave the U.S. for a months-long, multi-country trip that – by his own admission – involved meetings with officials of foreign intelligence agencies and governments, prosecutors said. 

Ahead of Tuesday's hearing, Defense attorneys David Chesnoff and Richard Schonfeld had argued for Smirnov's release while he awaits trial "so he can effectively fight the power of the government."

Smirnov's claims have been central to the Republican effort in Congress to investigate the president and his family, and helped spark what is now a House impeachment inquiry into Biden. Democrats called for an end to the probe after the indictment came down last week, while Republicans distanced the inquiry from Smirnov's claims and said they would continue to "follow the facts."

Hunter Biden is expected to give a deposition next week.

The Burisma allegations became a flashpoint in Congress as Republicans pursuing investigations of President Biden and his family demanded the FBI release the unredacted form documenting the allegations. They acknowledged they couldn't confirm if the allegations were true.

Fox News' David Spunt and The Associated Press contributed to this report.

RNC to convene privately, resolution to call Donald Trump the ‘presumptive nominee’ removed

The Republican National Committee is meeting behind closed doors this week as some allies of Donald Trump had hoped to put the group's stamp on the former president early in the 2024 GOP presidential nominating campaign.

But a proposed resolution to declare Trump the presumptive nominee has been removed from the agenda before the committee is scheduled to meet in Las Vegas this week, party officials said.

The reversal comes as the first two early-state contests have winnowed the Republican campaign down to two major candidates, with Trump as the heavy favorite and former U.N. Ambassador Nikki Haley vowing to continue her uphill challenge.

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What was expected to be an uneventful RNC winter meeting in Las Vegas this week briefly gained heightened attention last week after the resolution, introduced by Maryland Committeeman David Bossie, to name Trump the presumptive nominee became public.

Bossie was Trump's deputy campaign manager in 2016 and advised his team when Congress pursued a second impeachment after the Jan. 6, 2021, riot at the U.S. Capitol.

Within hours of the resolution's leak, Trump batted down the proposal, which some members of the committee criticized publicly as premature.

"While they have far more votes than necessary to do it, I feel, for the sake of PARTY UNITY, that they should NOT go forward with this plan," Trump posted on his social media platform Truth Social.

There is no formal RNC rule barring the party from declaring a presumptive nominee. And there is precedent for such a move. In 2016, then-RNC Chairman Reince Priebus declared Trump the presumptive nominee after the Indiana primary, though that was in May and Trump had battled Texas Sen. Ted Cruz for three months since Cruz finished first in the leadoff Iowa caucuses ahead of second-place Trump.

The Associated Press only uses the term once a candidate has captured the number of delegates needed to win a majority vote at the national party conventions this summer.

That point won’t come until after more states have voted. For both Republicans and Democrats, the earliest it could happen is March.

Republican National Committee Chair Ronna McDaniel suggested last week that Haley had no path to the nomination in light of Trump's majority vote totals in the Jan. 15 Iowa caucuses and the Jan. 23 New Hampshire primary.

"We need to unite around our eventual nominee, which is going to be Donald Trump, and we need to make sure we beat Joe Biden," McDaniel said in a Fox News interview the night of the New Hampshire primary.

Haley said Sunday during an appearance on NBC's "Meet the Press" that the RNC was "clearly not" an honest broker "if you're going to go and basically tell the American people that you're going to go and decide who the nominee is after only two states have voted."

"The American people want to have their say in who is going to be their nominee," she said. "We need to give them that. I mean, you can’t do that based on just two states."