Why the Smirnov Indictment Stinks to High Heaven

AP Photo/Stephanie Scarbrough

Earlier this month, special counsel David Weiss filed charges against former longtime FBI informant Alexander Smirnov, who was the confidential human source (CHS) who reported that Joe Biden received bribes from the Ukrainian oil and gas company Burisma. Those allegations were first documented on the infamous FD-1023 form in 2020 but went uninvestigated for three years. It was only reviewed after Sen. Charles Grassley released it publicly and Hunter Biden's plea deal fell apart.

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I was immediately suspicious of the indictment. For one thing, the Biden administration had fought to keep the FD-1023 from being released — an action that likely wouldn't have been taken if it were believed to have been false information. The FBI claimed at the time they didn't want to release the form to protect the safety of their confidential human source.

The claims in the FD-1023 were also previously vetted by former U.S. Attorney Scott Brady, who found them credible.

Now that Smirnov has been indicted by the Biden administration, Democrats are claiming this undermines the entire effort to impeach Joe Biden. Very convenient, isn't it? Smirnov was a longtime, highly trusted source who earned a lot of money from the FBI for the information he provided over the years, and suddenly the Justice Department has not only indicted him, but they are throwing the book at him. The Biden administration, which opposes the cash bail system and has no problem with violent criminals being immediately released as they await trial, successfully pushed for Smirnov to be held in federal custody as he awaits trial.

Others are also noticing troubling aspects of Smirnov's indictment.

Related: Joe Biden is the American Vladimir Putin

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"As for the other Republican witness, Alexander Smirnov, his indictment and incarceration last week by Special Counsel David Weiss offers more troubling questions than reassuring answers. According to Weiss, Smirnov 'provided false derogatory information' to FBI agents about the Bidens in June 2020," writes Michael Shellenberger at his Substack, Public. "But it’s not clear why the FBI chose to indict and incarcerate Smirnov after serving for 14 years as what the FBI considered a reliable witness. 'I don’t recall ever seeing a false-statements case such as this,' noted former Department of Justice Assistant Attorney Andrew McCarthy."

…even if Smirnov had lied to his FBI handler, it doesn’t explain the FBI’s extraordinary action to publicly torch someone who had been such a reliable informant for so long. “In an ordinary case,” writes McCarthy, “the Justice Department and FBI do not want to convey the message, ‘Cooperate with us, at high risk to yourself and your family, and we will eventually, and without warning, use what you’ve told us to make a case against you.’” 

And it is not clear why Special Counsel Weiss chose to indict and incarcerate Smirnov now rather than at some other point in the three and a half years since he allegedly lied to his handler.

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I think it's perfectly clear. While I can't say for certain whether Smirnov lied or not, the Biden administration's actions are highly suspect. They thought the allegations made in the FD-1023 were damning enough to fight against its release, and now Biden faces an impeachment inquiry months before a presidential election. This is the same administration that has literally indicted Joe Biden's 2020 and 2024 rival, Donald Trump. They're not against using the Department of Justice for political reasons. 

Frankly, it doesn't take much to figure out what's going on here.

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