DOJ reviewing Biden, Hur interview to ID potential classified information in response to House GOP demands

The Justice Department on Friday said it will consult with various intelligence agencies and law enforcement to identify any classified information during a discussion between President Biden and Special Counsel Robert Hur in response to a request from House Republicans demanding the transcript, and any recordings of the interview. 

"Several of the materials listed in your February 12 letter require review for classification and protection of national defense information," Assistant Attorney General Carlos Uriarte wrote in a letter to House Oversight Committee Chair James Comer, House Judiciary Committee Chair Jim Jordan and House Ways & Means Committee Chair Jason Smith.

SPECIAL COUNSEL CALLS BIDEN 'SYMPATHETIC, WELL-MEANING, ELDERLY MAN WITH A POOR MEMORY,' BRINGS NO CHARGES

The GOP lawmakers have requested Attorney General Merrick Garland turn over the transcript and any recordings of Biden's October 2023 interview with Hur and the special counsel team. The three committee leaders are leading the impeachment inquiry against Biden.

"We have already begun this process. The Department is committed to responding to the Committees’ requests expeditiously, consistent with the law, longstanding Department policies and principles, and available resources," Uriarte wrote. 

The Justice Department will release the transcript to Congress if the White House gives the OK. The White House could invoke executive privilege, which could bar the release. 

Hur, who released his report to the public last week after months of investigating, did not recommend criminal charges against Biden for mishandling and retaining classified documents, and stated that he wouldn't bring charges against Biden, even if he were not in the Oval Office.

The report revealed Biden's significant memory issues, as concerns about the president's age and mental capacity continue to surface amid his re-election campaign. 

Hur said Biden came off "as a sympathetic, well-meaning, elderly man with a poor memory" and that "it would be difficult to convince a jury that they should convict him-by then a former president well into his eighties-of a serious felony that requires a mental state of willfulness."

He is expected to testify before Congress about his findings, according to reports.  

Fox News Digital's Elizabeth Elkind and Brooke Singman contributed to this report. 

Fox News Politics: Trump vows appeal

Welcome to Fox News’ Politics newsletter with the latest political news from Washington D.C. and updates from the 2024 campaign trail. 

What's Happening? 

- NY judge orders Trump to pay hundreds of millions, bars him from operating business…

- DA Fani Willis did not testify Friday after fiery courtroom appearance…

- Biden visits East Palestine, Ohio, more than a year later…

Former President Trump blasted "clubhouse politician" Judge Arthur Engoron Friday after he barred him from operating his business in New York for three years and fined him more than $350 million, defending the "great company" he built and telling Fox News Digital that the ruling is yet another example of Democrats "trying to stop" him, but that "they will not be successful."

Engoron handed down his ruling Friday after a months-long civil fraud trial beginning in October and stemming from New York Attorney General Letitia James' lawsuit alleging the former president inflated his assets and committed fraud. 

Trump spoke exclusively to Fox News Digital shortly after Engoron's ruling was made public Friday afternoon. 

"A crooked New York judge working with the very corrupt attorney general of New York State, who ran on the basis of ‘I will get trump’ before knowing me — before even knowing anything about me — just ruled that I have to pay a fine of $355 million based on absolutely nothing," Trump told Fox News Digital. "No victims. No damages. Great financial statements, with full disclaimer clauses, only success." 

'SOUTHERN GENTLEMAN': Meet Nathan Wade, the special prosecutor accused of having 'improper' affair with Fani Willis ...Read more

FIERY DAY 2: DA Fani Willis doesn't take the stand in second day of the hearing ...Read more

SEE IT: Top moments from the DA Fani Willis hearing over 'improper' affair with Nathan Wade so far ...Read more

'MENTAL DECLINE': Republicans pressure Biden to take cognitive test, calling it a 'national security concern' ...Read more

'OUTRAGEOUS EFFORT': Biden calls for an end to impeachment inquiry after indictment of FBI informant: 'Outrageous effort' ...Read more

‘LASER FOCUS’: Biden insist's he's committed to helping East Palestine a year after toxic train derailment …Read more

'FAR OVERDUE': Trump-endorsed Ohio Senate candidate blasts Biden's visit to East Palestine ...Read more

MANCHIN OUT: West Virginia senator declines third-party presidential run ...Read more

'WE'RE GOOD FRIENDS': Romney reveals whether he has plans to run for president, serve as Manchin's VP ...Read more

'COMMONSENSE CONSERVATIVE': Former special forces soldier lands big endorsement in race to flip House seat ...Read more

'RACE OF HIS LIFE': Dem Sen blasts GOP for not caring about immigration; record comes back to haunt him ...Read more

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Get the latest updates from the 2024 campaign trail, exclusive interviews and more on FoxNews.com.

Biden calls for an end to impeachment inquiry after indictment of FBI informant: ‘Outrageous effort’

President Biden called for House Republicans to drop their impeachment inquiry against him, saying on Friday that it has been "an outrageous effort from the beginning." 

The president’s comments came after the indictment of FBI informant who alleged that Joe Biden and Hunter Biden had been paid millions of dollars in exchange for their help firing the Ukrainian prosecutor investigating Burisma Holdings.

"He is lying, and it should be dropped," Biden said after a reporter asked about the indicted FBI informant.

House Republicans told Fox News Digital that their impeachment inquiry has much more evidence that does not rely on the indicted FBI source.

FBI INFORMANT CHARGED WITH GIVING FALSE INFORMATION ABOUT HUNTER BIDEN IN 2020

Special Counsel David Weiss charged Alexander Smirnov, 43, with making a false statement and creating a false and fictitious record during FBI interviews. 

According to the indictment, Smirnov gave "false derogatory information" to the FBI despite "repeated admonishments that he must provide truthful information and that he must not fabricate evidence." 

The indictment says that Smirnov had told an FBI agent in March 2017 that he had had a phone call with Burisma’s owner concerning the firm potentially acquiring a U.S. company and making an initial public offering (IPO) on a U.S.-based stock exchange. 

In reporting this conversation to the FBI agent, Smirnov said that Hunter Biden was a board member of Burisma, though that was publicly known. 

In June 2020, Smirnov is accused of having told the FBI, for the first time, about two meetings he had had four to five years earlier, in which executives associated with Burisma had supposedly admitted that they had hired Hunter Biden to "protect us, through his dad, from all kinds of problems." 

During this meeting, the indictment alleges that Smirnov said the executives had paid $5 million to each of the Bidens while Joe Biden was still in office. The indictment alleges that Smirnov falsely claimed that the Bidens had been paid so that Hunter Biden, with his dad’s help, could take care of a criminal investigation being conducted by the then-Ukrainian Prosecutor General, Viktor Shokin, into Burisma. 

BIDEN, NOT SPECIAL COUNSEL HUR, BROUGHT UP SON'S DEATH IN QUESTIONING

The allegations were recorded on an FBI FD-1023 form, which is used by FBI agents to record unverified reporting from confidential human sources. The form is used to document information as told to an FBI agent, but recording that information does not validate or weigh it against other information known by the FBI. 

The FD-1023 form containing the allegations last year became a key document in the House investigation into the Biden family’s business dealings.

House Oversight Committee Chairman James Comer and GOP Sen. Chuck Grassley were approached by a whistleblower last summer who alleged that the FBI was in possession of a document — an FD-1023 form, dated June 30, 2020 — that explicitly detailed information provided by a confidential human source alleging that Biden, while serving as vice president, had been involved in a multi-million-dollar scheme with a foreign national in exchange for influence over policy decisions.

On Friday, Biden was asked about the indictment of Smirnov—and whether it should bring the impeachment inquiry to an end.

"He is lying, and it should be dropped," Biden said, referring to Smirnov’s allegations and the impeachment inquiry. "It’s just been a — it's been an outrageous effort from the beginning."

Hunter Biden’s attorney Abbe Lowell, earlier Friday, said the same: "For months we have warned that Republicans have built their conspiracies about Hunter and his family on lies told by people with political agendas, not facts. We were right, and the air is out of their balloon," Lowell said in a statement. "This is just another instance of Chairmen Comer and Jordan peddling falsehoods based on dishonest, uncredible allegations and witnesses."

But Comer, who is leading the impeachment inquiry, said that the FBI's FD-1023 form containing Smirnov’s is not being used in an impeachment inquiry against the president. 

SPECIAL COUNSEL ROBERT HUR TO TESTIFY PUBLICLY AT HOUSE HEARING ON BIDEN CLASSIFIED RECORDS PROBE

The impeachment inquiry, he said, "is based on a large record of evidence, including bank records and witness testimony, revealing that Joe Biden knew of and participated in his family’s business dealings." 

"We have over $30 million reasons to continue this investigation and not one of those reasons relies on the corrupt FBI or an informant. Bank records don’t lie," Comer told Fox News Digital on Friday. "Bank records and witness testimony reveal Joe Biden knew about and participated in his family’s business schemes, and he has repeatedly lied to the American people about these facts."

Comer added: "The American people demand the truth and accountability for any wrongdoing. We will continue to follow the facts to propose legislation to reform federal ethics laws and to determine whether articles of impeachment are warranted."

Coming up in the impeachment inquiry is testimony from the president's brother, Jim Biden, on February 21, and a deposition of Hunter Biden on February 28. Both testimonies will take place behind closed doors. 

Smirnov is accused of repeating some of his false claims during an interview with FBI agents in September 2023, while changing other bits of information, and promoting a new false narrative after claiming to have met with Russian officials. 

If convicted, Smirnov faces a maximum of 25 years in prison.   

Fox News Digital's Bradford Betz contributed to this report. 

Utah school board member who questioned a student’s gender censured by lawmakers

The Utah Legislature voted Thursday to censure a conservative member of the state Board of Education whose social media post questioning the gender of a high school basketball player triggered threats against the girl and led state officials to call for the board member's resignation.

Lawmakers passed a resolution condemning the actions of Natalie Cline a day after the Utah State Board of Education voted unanimously to strip Cline of her committee assignments and nearly all administrative responsibilities. The board will no longer allow Cline to attend meetings or place items on the agenda, and her colleagues have asked her to resign by Feb. 19.

The legislative reprimand, which now heads to the governor's desk, carries no real punishment but is a formal way for lawmakers to express their disapproval. The measure received unanimous support in the Senate after passing the House with only two votes against, one from a Democrat and the other from a Republican.

GOP SENATE HOPEFUL KEPT TIES TO GEORGE SOROS-BACKED GROUP WHERE HUNTER BIDEN SERVED ON BOARD

Both the Legislature and Board of Education have left it up to Cline whether to resign or remain in her role with limited authority. She is up for reelection in November. Democrats had urged the Republican legislative leaders to punish Cline more harshly, either by impeaching her or by allowing the board to impeach her — a power it does not currently have.

Cline, who had previously come under investigation for inflammatory comments about LGBTQ+ students, singled out the Salt Lake City athlete in a Facebook post that falsely insinuated the girl was transgender. After she learned that the girl was not trans, Cline apologized for provoking a firestorm of vulgar comments.

House Speaker Mike Schultz, a Hooper Republican, said ahead of the vote that members of his chamber were "scattered" on whether to impeach Cline or allow voters to decide her future in the fall.

"If this body moves ahead with impeachment, this blows up like a mushroom cloud on the national stage," Schultz said. "The hate that you’re seeing directed toward that family right now then becomes national. That’s a hard decision to make."

House Minority Leader Angela Romero said she was frustrated that Republican leaders cut off debate before she could propose an amendment that would instead initiate impeachment proceedings. She and her fellow Democrats nonetheless overwhelmingly voted in favor of the resolution to censure Cline.

Republican Gov. Spencer Cox told reporters Thursday that he supports the board's forceful censure and thinks it effectively has the same impact as impeachment. He had urged the board to take action against Cline, saying she "embarrassed the state."

Even when she apologized, Cline defended her initial suspicions, saying that a national push to normalize transgender identities makes it "normal to pause and wonder if people are what they say they are."

Cox pushed back Thursday against criticisms from LGBTQ+ rights advocates who argue he and Republican lawmakers enabled Cline's behavior by passing a transgender bathroom ban that they say gives people license to question someone's gender.

"Even if this young person was transgender, it would still have been inappropriate," Cox said. "That is not who we are or what we should be doing."

In a Facebook post Wednesday, Cline argued the board was taking away her right to represent her constituents without due process. She wrote that she did not have enough time to read all the materials and create a response before Wednesday’s meeting.

The board determined that Cline violated policies requiring members to respect student privacy and to uphold state educator standards, which include not participating in sexual or emotional harassment of students and treating students with dignity and respect.

The board's resolution said Cline allowed negative comments about the girl to remain on her social media page while comments in support of the student were deleted, which together "appeared to constitute cyberbullying as defined" in Utah law.

In a letter published Thursday in The Salt Lake Tribune, the girl’s parents, Al and Rachel van der Beek, also urged Cline to resign and called for her impeachment.

CLICK HERE TO GET THE FOX NEWS APP

"Ms. Cline did the very thing we teach our children not to do — she blasted social media without fact checking, which ultimately led to a barrage of hateful and despicable comments that were directed at our daughter that lasted for more than 16 hours," the letter said. "It was one of the most painful things we’ve had to endure."

Senate voted in favor of $95 billion international spending bill, there may be another around the corner

Members of the House and Senate usually like to gab.

But word of a cryptic, major national security threat against the U.S. cast a pall on Congress this week.

Loggorrheic lawmakers suddenly turned mute when they were sworn to secrecy considering the gravity of Russia potentially deploying a weapon in outer space.

"I can’t discuss this. I’m sorry," lamented Rep. Carlos Gimenez, R-Fla.

"Absolutely no comment," said Rep. Richie Torres, D-N.Y.

WARNING ABOUT 'THREAT' TO US HAS 'SOMETHING TO DO WITH OUTER SPACE': CHAD PERGRAM

"We should be concerned. It’s serious," offered. Rep. Raja Krishnamoorthi, D-Ill., "That’s all I can say right now."

House Speaker Mike Johnson, R-La., was practically verbose when he chatted up reporters about the threat.

"I’m going to be very precise and I’m not going to take questions," said Johnson.

But Johnson lent little detail into the disconcerting reports.

"Steady hands are at the wheel," said Johnson. "There’s no need for alarm."

House Intelligence Committee Chairman Mike Turner, R-Ohio, said the White House "confirmed that, in their view, the matter was ‘serious.’"

This consternation is cast against the backdrop of the Senate approving a $95 billion international security bill for Ukraine, Israel and Taiwan. In other words, if there’s a pressing threat from Russia, this could impact Ukraine.

An eye-popping 70 senators voted in favor of the bill just before daybreak Tuesday morning. Twenty-two Senate Republicans voted yes. Three senators who caucus with the Democrats voted nay.

HOUSE VOTE ON FOREIGN AID FUNDING IN LIMBO

Twenty-two GOP yeas is not quite half of the 49 member Senate Republican Conference. But that’s still a substantial showing. And 70 votes is a robust figure from the Senate. Seventy yeas would make the bill hard to ignore in the House - under other circumstances.

"I think the House will face a moment of truth. This is a historical moment," said Sen. Chris Van Hollen, D-Md. "You can also be sure our allies are watching, whether in NATO or East Asia, to see whether the United States surrenders, or betrays a partner." 

Democrats demanded that Johnson take up the foreign aid bill. But he immediately resisted. 

"We are not going to be forced into action by the Senate who in the latest product they sent us over does not have one word in the bill about America's border. Not one word about security," said Johnson.

Even though Johnson – and Senate Republicans – mauled a bipartisan Senate compromise for the border.

"What is he afraid of to put national security first to help our country, to push back and push back against (Russian leader Vladimir) Putin, and to make sure that our country is protected?" asked House Democratic Caucus Chairman Pete Aguilar, D-Calif.

It’s not often that House members can bypass the leadership and deposit a bill on the floor. But there is a way to do it. The gambit is called a discharge petition.

Here’s how it works:

A discharge petition requires a solid number of 218 House members to sign up to go over the head of the Speaker. The number is locked in at 218, regardless of the side of the House. The House has 435 members at full population. It’s currently at 431 members. Thus, the discharge petition provision wants at least half of the body to favor sidestepping the leadership.

Rep. Jerry Nadler, D-N.Y., the top Democrat on the Judiciary Committee said he was "absolutely" for a discharge petition.

When asked if most Democrats would sign on, Nadler replied, "yeah, I do."

But not so fast.

Many Democrats might push to advance the foreign aid package. But there are plenty of progressives who aren’t in favor of the bill at all because of concerns for Palestinians.

RUSSIAN NUCLEAR CAPABILITIES IN SPACE COULD THREATEN INTERNATIONAL SATELLITES, US MILITARY COMMS: SOURCES

"I can’t support that bill with aid to Israel," said Rep. Pramila Jayapal, D-Wash. "There’s also a lot of concerns about the restrictions on the aid to Gaza that the Senate put into the bill, including suspending aid to UNRWA, which is the only agency that can deliver aid in Gaza."

Moreover, Rep. Robert Garcia, D-Calif., thought it was "premature" to execute a discharge petition. He wanted the House to try to work through the issue and get it on the floor another way.

So certainly more Democrats favor of a discharge petition. But no one knows what might constitute that particular universe of votes. Therefore, a discharge petition certainly needs substantial GOP support.

A successful discharge petition will require the support of advocates for Ukraine and moderate Republicans. Someone in that wheelhouse is Rep. Don Bacon, R-Neb. When asked if he was open to signing a discharge petition, Bacon replied "not now." He added he wouldn’t "lean too far forward" just yet.

The Nebraska Republican said "one or two" Democrats talked to him about signing the discharge petition. But he added a caveat.

"I'm interested in finding something we could all agree on," said Bacon.

But that’s just the start.

"I’d never sign a discharge petition when we are in the majority," said Rep. Mario Diaz-Balart, R-Fla.

Rep. Matt Gaetz, R-Fla., suggested that that signatories weren’t team players for the GOP.

"A discharge petition would be a betrayal on the part of anyone signing it," said Gaetz.

This is why there have only been two successful discharge petitions in the House in the past 22 years.

One was on the House’s version of the famous "McCain-Feingold" campaign finance law, named originally after late Sen. John McCain, R-Ariz., and former Sen. Russ Feingold, D-Wisc., in 2002. The other was on a measure to renew the Export-Import Bank.

So, this enterprise is challenging. And while it’s an intriguing parliamentary maneuver, the odds – and history – work against discharge petitions.

The House is now out of session until February 28. The Senate is done until the week after next. Another (yes, another) deadline to avert a government shutdown looms on March 1. A bigger one is barreling down the tracks for March 7. And the Senate must wrestle with an impeachment trial for Homeland Security Secretary Alejandro Mayorkas at the end of the month.

In short, a resolution to the international aid bill isn’t coming soon – if ever.

The threats loom – be a weapon from space for Russia. Threats at the border. Threats from China. The war in Ukraine. Instability in the Middle East.

The Senate finally acted – after a months-long circumnavigation into the border talks.

But there is no viable plan right now to pass the foreign aid package in the House.

It was long said that the Senate is where the House’s hot coffee cools.

In this case, the Senate served the House hot coffee.

And in today’s environment, it’s cooling instead in the House.

Fox News Politics: Judge and fury

Welcome to Fox News’ Politics newsletter with the latest political news from Washington D.C. and updates from the 2024 campaign trail. 

What's Happening? 

- Fulton County DA Fani Willis shocks in raucous courtroom testimony

- Date set for first Trump criminal trial

- Nearly half of Americans think Biden should be replaced as Dem nominee

Embattled Fulton County district attorney Fani Willis took the stand to testify against allegations she had an "improper" affair with special prosecutor Nathan Wade, which could derail her case against former President Donald Trump.

Willis was notably agitated and at points raised her voice during a raucous several hours of testimony. At one point, Willis held up a printed copy the allegations against her in both hands and turned to the judge yelling, "it is a lie!"

Willis also called defense attorney Ashleigh Merchan's interests "contrary to democracy."

Judge Scott McAfee presiding over the proceeding, called for a five-minute recess at one point. When court was back in session he told lawyers to stop "talking over each other" and cautioned Willis, saying: "We have to listen to the questions as asked. And if this happens again and again, I'm going to have no choice but to strike your testimony."

Willis is expected back on the stand Friday for further testimony.

Trump had his own courtroom drama Thursday. He appeared in a Manhattan court for a pretrial hearing in the criminal "hush-money" case against him, where the judge set a date for the beginning of the first trial on criminal charges.

The trial is set to start March 25, a few weeks after Super Tuesday but before the end of the GOP primary.

Trump said he would be campaigning in the evening after attending the trial. "I'll be here during the day and I'll be campaigning during the night. Biden should be doing the same thing but he’ll be sleeping," Trump said outside the courtroom.

‘BADLY TAINTED’: Trump reacts to dramatic Fani Willis testimony ...Read more

ROMNEY FOR VP?: Sen. Joe Manchin floats potential running mates in hypothetical third party presidential bid …Read more

EXTRA AMMUNITION: Haley takes aim at Trump as trial of former president to start next month …Read more

ONE YEAR LATER: Haley's final stand against Trump? …Read more

GUN CONTROL: Biden, Harris call for gun control in separate comments after deadly shooting at Kansas City Chiefs' parade …Read more

'DEFERRED ENFORCED DEPARTURE': White House announces Palestinians will be protected from deportation …Read more

HUR TO TESTIFY: Special counsel to appear before House committee after report revealing Biden memory issues …Read more

DOUBLING DOWN: Sen. JD Vance's office spars with Pence group over 'impeachment time bomb' in foreign aid bill …Read more

'ILL ADVISED': Cotton demands information from DOD on contract with Chinese-owned company …Read more

TAKING TIME: Republican Speaker Johnson on $95B Ukraine, Israel bill: House will not be 'rushed' …Read more

SHUTTING IT DOWN: Capitol Police arrest pro-Palestinian demonstrators inside Cannon House Office Building …Read more

'SLUSH FUND': GOP lawmaker reveals how he will target progressives to pay for foreign aid package …Read more

2024 SUCCESSION?: Nearly half of Americans think Biden could be replaced as Dem nominee: poll …Read more

'POISED TO ATTACK': FBI Director Wray warns allies of hacking by Chinese proxy groups …Read more

EYES IN SPACE: US launches missile detection satellites into orbit amid concerns about Russian weapons …Read more

ALABAMA VOTES: After LGBTQ lecture, Alabama Senate votes for more oversight of Department of Archives and History …Read more

'ESTABLISH THE RECORD': Testimony to begin on possible da Fani Willis disqualification …Read more

TRUMP IN COURT: Trump to appear in New York City court for hearing in Manhattan District Attorney Alvin Bragg case …Read more

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FBI informant charged with giving false information about Hunter Biden in 2020

Special Counsel David Weiss has charged an FBI informant with giving false information after he alleged that Joe Biden and Hunter Biden were paid millions in exchange for their help firing the Ukrainian prosecutor who was investigating the Ukrainian energy firm Burisma Holdings, according to court documents unsealed Thursday. 

Alexander Smirnov, 43, is charged with making a false statement and creating a false and fictitious record during FBI interviews. 

Prosecutors say Smirnov was arrested at the Harry Reid International Airport in Las Vegas, Nevada Wednesday after a federal grand jury returned an indictment. He was scheduled to appear in federal court in the District of Nevada later Thursday. 

According to the indictment, Smirnov gave "false derogatory information" to the FBI despite "repeated admonishments that he must provide truthful information and that he must not fabricate evidence." 

The indictment says Smirnov told an FBI agent in March 2017 that he had a phone call with Burisma’s owner concerning the firm potentially acquiring a U.S. company and making an initial public offering (IPO) on a U.S.-based stock exchange. 

In reporting this conversation to the FBI agent, Smirnov said Hunter Biden was a board member of Burisma, though this was publicly known. 

BIDEN, NOT SPECIAL COUNSEL HUR, BROUGHT UP SON'S DEATH IN QUESTIONING

In June 2020, Smirnov is accused of having told the FBI, for the first time, about two meetings he had four to five years prior, in which executives associated with Burisma supposedly admitted that they hired Hunter Biden to "protect us, through his dad, from all kinds of problems." 

During this meeting, the indictment alleges that Smirnov said the executives paid $5 million to each of the Bidens while Joe Biden was still in office. The indictment alleges that Smirnov falsely claimed the Bidens were paid so that Hunter Biden, with his dad’s help, could take care of a criminal investigation being conducted by the then-Ukrainian Prosecutor General, Viktor Shokin, into Burisma. 

The indictment alleges that this information given by Smirnov in June 2020 was a fabrication. Prosecutors say Smirnov did have contact with Burisma executives in 2017, but when Joe Biden was out of public office and had no ability to influence U.S. policy and after the Ukrainian Prosecutor General had been fired in February 2016. 

The indictment alleges that Smirnov transformed his "routine and unextraordinary" business contacts with Burisma in 2017 and later bribery allegations against Joe Biden after expressing bias against him and his presidential candidacy. 

FBI DIRECTOR SAYS CHINESE HACKERS ARE ‘POISED TO ATTACK’ AS INFILTRATIONS REACH ‘FEVER PITCH’

Smirnov is accused of repeating some of his false claims during an interview with FBI agents in September 2023, while changing other bits of information, and promoting a new false narrative after claiming to have met with Russian officials. 

If convicted, Smirnov faces a maximum of 25 years in prison.   

House Oversight Committee Chairman James Comer and GOP Sen. Chuck Grassley were approached by a whistleblower last summer who alleged that the FBI was in possession of a document — an FD-1023 form, dated June 30, 2020 — which explicitly detailed information provided by a confidential human source alleging Biden, while serving as vice president, was involved in a multi-million-dollar scheme with a foreign national in exchange for influence over policy decisions.

The source told Fox News Digital that the confidential human source was used by the FBI for "at least several years" before the FD-1023 form, and was "found to be highly credible" by the FBI. 

Comer said Thursday that FBI Director Christopher Wray refused a request from him and Grassley last summer for the public release of the form because the bureau "claimed it would jeopardize the safety of a confidential human source who they claimed was invaluable to the FBI." 

Comer said the bureau informed him that the source was "credible and trusted, had worked with the FBI for over a decade, and have been paid six figures." 

"The FBI's actions in this matter are very concerning. The FBI had this form for years and it appears they did nothing to verify the troubling claims contained within the record until Congress became aware of and demanded access to them," Comer said. 

Comer said the FBI's FD-1023 form is not being used in an impeachment inquiry against the president. 

The impeachment inquiry, he said, "is based on a large record of evidence, including bank records and witness testimony, revealing that Joe Biden knew of and participated in his family’s business dealings." 

"Just this week, we had another witness confirm Joe Biden was the brand being sold by the Bidens around the world. President Biden continues to lie to the American people about this matter and the American people demand the truth and accountability for any wrongdoing. We will continue to follow the facts to propose legislation to reform federal ethics laws and to determine whether articles of impeachment are warranted."

The FBI declined to comment when reached by Fox News Digital.

Special Counsel Robert Hur to testify publicly at House hearing on Biden classified records probe

Special Counsel Robert Hur is expected to testify in a public hearing before the House Judiciary Committee next month, Fox News Digital has learned.

A source with direct knowledge told Fox News Digital Hur will testify on March 12 in a public hearing on his findings following months of investigating President Biden's improper handling of classified records.

BIDEN ‘DID NOT REMEMBER WHEN HE WAS VICE PRESIDENT,’ WHEN HIS SON BEAU DIED, DURING SPECIAL COUNSEL INTERVIEWS

Hur, who released his report to the public last week after months of investigating, did not recommend criminal charges against Biden for mishandling and retaining classified documents and stated that he wouldn't bring charges against Biden even if he were not in the Oval Office.

Those records included classified documents about military and foreign policy in Afghanistan and other countries, among other records related to national security and foreign policy, which Hur said implicated "sensitive intelligence sources and methods."

BIDEN RETAINED RECORDS RELATED TO UKRAINE, CHINA; COMER DEMANDS 'UNFETTERED ACCESS' AMID IMPEACHMENT INQUIRY

Hur did not recommend any charges against the president but did describe him as a "sympathetic, well-meaning elderly man with a poor memory" — a description that has raised significant concerns for Biden's 2024 re-election campaign.

Biden has blasted Hur since the release of his report last week, saying his "memory is fine" and that he is the "most qualified person in this country to be president."

During his address, Biden also fired back at Hur for suggesting he did not remember when his son Beau died.

"How dare he raise that?" Biden said last week. "Frankly, when I was asked a question, I thought to myself, what's that any of your damn business?"

SPECIAL COUNSEL CALLS BIDEN 'SYMPATHETIC, WELL-MEANING, ELDERLY MAN WITH A POOR MEMORY,' BRINGS NO CHARGES

"Let me tell you something... I swear, since the day he died, every single day...I wear the rosary he got from Our Lady—" Biden stopped, seemingly forgetting where the rosary was from.

In his report, Hur wrote: "He did not remember, even within several years, when his son Beau died."

But two well-placed sources familiar with the investigation said it was Biden who brought up Beau's death in the interview — not the special counsel. 

Meanwhile, House Judiciary Committee Chairman Jim Jordan, R-Ohio; House Oversight Committee Chairman James Comer, R-Ky.; and House Ways & Means Committee Chairman Jason Smith, R-Mo., are demanding the Justice Department turn over the transcript and any recordings of Biden’s interview. 

The three committee leaders are leading the impeachment inquiry against Biden.

Comer had asked Hur if any of the classified records that Biden held were related to the countries with which his family allegedly conducted business.

Comer told Fox News Digital last week that he wants "unfettered access to these documents to determine if President Biden’s retention of sensitive materials were used to help the Bidens’ influence peddling."

Jordan, Comer and Smith are concerned that "Biden may have retained sensitive documents related to specific countries involving his family’s foreign business dealings."

They demanded the materials by Monday.

Tony Bobulinski attorney accuses Oversight Dems of ‘gaslighting,’ false smears against Hunter Biden associate

An attorney for Hunter Biden’s ex-business associate Tony Bobulinski accused House Democrats of "abusive conduct and disingenuous mischaracterizations" of his testimony on the Biden family's business dealings. 

In a letter to Rep. Jamie Raskin, D-Md., the ranking member and lead Democrat on the House Oversight Committee, Bobulinski's counsel Stefan Passantino asserted that Democrats were attempting to assassinate his client's character. 

"We are watching the death throes of a political narrative that will be shattered upon the imminent public release of Mr. Bobulinski’s testimony before the House Committees on Oversight and Judiciary yesterday," Passantino wrote. 

"The facts are before Congress and will soon be before the American people. Minority assassination of Mr. Bobulinski’s character and grotesque mischaracterizations of his words will only serve to highlight the gaslighting and vilification Mr. Bobulinski has endured since he reluctantly came forward almost four years ago to share with the public the facts of his business experience with the Biden family," the letter continues. 

JOE BIDEN IS ‘THE BIG GUY,’ TONY BOBULINSKI SAID DURING ‘UNSHAKEABLE’ TESTIMONY AMID IMPEACHMENT INQUIRY

"As the public will see soon enough, Mr. Bobulinski has the facts and the receipts, and no amount of character assassination will change that."

Bobulinski testified behind closed doors for more than eight hours on Tuesday as part of the House impeachment inquiry against President Biden. He is one of the Republicans' star witnesses, having worked with Hunter Biden to create the joint-venture SinoHawk Holdings with Chinese energy company CEFC. 

Behind closed doors, sources said Bobulinski told the House Overisght and Judiciary Committees that he had "personally met" with Joe Biden in May 2017 in Los Angeles on the sidelines of the Milken Conference for somewhere between 45 minutes and an hour. 

Fox News Digital first reported on that meetings between Bobulinski and Biden in October 2020.

JOE BIDEN 'ENABLED' FAMILY TO SELL ACCESS TO 'DANGEROUS ADVERSARIES,' TONY BOBULINSKI TESTIFIES

Joe Biden, on May 3, 2017, spoke at the conference, hosting "A Conversation with the 47th Vice President of the United States Joe Biden."

Just days after the May 2, 2017, meeting came the now-infamous May 13, 2017, email, which included a discussion of "remuneration packages" for six people in a business deal with a Chinese energy firm. The email appeared to identify Biden as "Chair / Vice Chair depending on agreement with CEFC," in a reference to the now-bankrupt CEFC China Energy Co.

The email includes a note that "Hunter has some office expectations he will elaborate." A proposed equity split references "20" for "H" and "10 held by H for the big guy?" with no further details.

Bobulinski testified Tuesday that Joe Biden is "the big guy," a claim he has made since 2020. IRS whistleblowers Gary Shapley and Joseph Ziegler, who claimed that politics had influenced the yearslong federal investigation into Hunter Biden, have also said "the big guy" was known to be Joe Biden.

FLASHBACK: HUNTER BIDEN BUSINESS ASSOCIATE'S TEXT MESSAGES INDICATE MEETING WITH JOE BIDEN

Bobulinski claims that Joe Biden was "the Brand" sold by Hunter Biden and other family members as part of a "foreign influence peddling operation." 

President Biden has repeatedly denied any involvement in his son Hunter's business dealings. House Democrats have rallied behind the president, with Raskin claiming that Bobulinski "offers absolutely no testimony that indicates any criminal activity by President Biden . . . or evidence that President Biden was involved in Hunter Biden's businesses."

In the letter, Passantino said Raskin's statement is "categorically false" and pushed back against other claims made by House Democrats, insisting that a soon-to-be-released transcript of Bobulinksi's testimony will prove them wrong. 

"Equally concerning are the false allegations impugning Mr. Bobulinski’s character and statements about law enforcement. Unlike those making these accusations, Mr. Bobulinski has a proud and exemplary history of serving this country in the military and his patriotism cannot be questioned," Passantino wrote.

BOBULINSKI OFFERED TO TESTIFY AT HUNTER BIDEN GRAND JURY BUT 'NEVER HEARD BACK': SOURCE

"As the transcript will show, Mr. Bobulinski did NOT accuse the FBI of lying about his voluntary statements before them in October 2020. The transcript will show that when Mr. Bobulinski was asked by the Minority about second-hand accounts of his words rather than asking him direct questions, Mr. Bobulinski simply corrected errors in the FBI’s internal 302 report about his statements.

"As Mr. Bobulinski testified yesterday, these errors could have been corrected years ago if Mr. Bobulinski had been shown the FBI’s internal summary or if ANY government agency had reached out to us at the time," the letter states.

Reached for comment, a spokesperson for House Oversight Democrats pointed to several statements from committee members questioning Bobulinski's credibility as a witness. Democrats have urged the committee to release the transcript of his testimony after Oversight Chairman Rep. James Comer, R-Ky., accused them of "witness intimidation." 

"Let’s read between the lines here: we asked questions on the very real credibility issues with your witness," Rep. Jasmine Crockett, D-Texas, posted on X. "If his claims can’t stand up to the most basic scrutiny, that’s on you." 

"Hey Chairman Comer. You invited a sham witness and we asked basic questions — his lack of credibility is on you! Why not release the transcript?" posted Rep. Robert Garcia, D-Calif. 

President BIden's brother, Jim Biden, will be the next witness to testify to the committee as part of the impeachment inquiry on February 21. Hunter Biden is expected to appear for his deposition on February 28.

Fox News Digital's Brooke Singman contributed to this report.

2 House members from Florida missed Mayorkas’ impeachment vote over massive Palm Beach flight delays

Two U.S. House members from Florida missed the vote Tuesday that secured Homeland Security Secretary Alejandro Mayorkas' impeachment due to massive flight delays. 

Rep. Brian Mast, R-Fla., said he would vote to impeach Mayorkas, while Rep. Lois Frankel, D-Fla., fully expected to vote against impeaching the Biden Cabinet official, yet both members of Congress failed to get back to Washington, D.C., in time due to massive delays at Palm Beach International Airport. 

Mast shared a video to X from the airport "on about hour nine of waiting for a flight with a broken circuit board." 

"Hoping to get off the ground soon, but they did just call votes in the House of Representatives as they normally do at this time, and it looks like I’m going to miss the vote to impeach Mayorkas," he said. "I was there for the first one – absolutely voted to do that – but it looks like I’m going to miss this one." 

HOUSE REPUBLICAN WHO OVERSAW MAYORKAS IMPEACHMENT WON'T RUN FOR RE-ELECTION

"There’s a couple other Palm Beach reps here as well. Lois Frankel is here in the airport sitting back there behind me," Mast said, showing the seating area next to the flight gate. "A few other representatives from this area that are going to miss it as well. But that is how I would be definitely doing that had I been there – there went Lois walking behind me."   

In the post itself, Mast wrote, "Not only is Secretary Mayorkas horrible at his job, he is willfully refusing to do it. Thankfully, despite mechanical failures on my flight, we still had enough votes to impeach him tonight. He has abandoned the trust of the American people, and he deserves to be impeached."

Frankel also confirmed the flight delay in a statement of her own. 

"Unfortunately, my flight from Palm Beach to Washington was severely delayed today. I waited at the airport for eight hours, which caused me, along with a Republican colleague on the same flight, to miss the vote. Had I been present, I would have voted no, as I did last week," Frankel said. "House Republicans’ vote to impeach Secretary Mayorkas despite having no evidence of wrongdoing was a shameful political stunt that does nothing to fix our broken immigration system." 

The House of Representatives voted Tuesday to impeach Mayorkas over his handling of the border crisis – by just one vote. 

The 214-213 vote historically made Mayorkas the first ever sitting U.S. Cabinet official to be impeached. It was nearly 150 years ago that President Ulysses S. Grant’s secretary of war, William Belknap, resigned before the House approved articles of impeachment against him over a kickback scheme in government contracts. The Senate acquitted Belknap that same year, 1876. 

USER’S MANUAL TO WHAT’S NEXT NOW THAT THE HOUSE IMPEACHED MAYORKAS

The charges against Mayorkas next go to the Senate for a trial, but neither Democratic nor even some Republican senators have shown interest in the matter, and it may be indefinitely shelved to a committee, according to The Associated Press. The Senate is expected to receive the articles of impeachment from the House after returning to session Feb. 26. 

It was House Republicans' second attempt to impeach Mayorkas after a vote failed last week. 

Three House Republicans who broke ranks last week over the Mayorkas impeachment – Ken Buck of Colorado, Mike Gallagher of Wisconsin and Tom McClintock of California – all did so again Tuesday. With a 219-212 majority, House Speaker Mike Johnson, R-La., had few votes to spare. His margin got even smaller later Tuesday night when New York Democrat Thomas Suozzi won a special election to the seat once held by Republican George Santos before his expulsion from Congress.

In a dramatic development the first time around, Rep. Al Green, D-Texas, left the hospital bed where he was recovering from surgery to cast his "no" vote against Mayorkas' impeachment. 

Joining the three Republican defectors, Rep. Blake Moore, R-Utah, switched his vote to "no" at the last minute – a procedural move to be able to bring the resolution back to the floor. 

The Associated Press contributed to this report.