February 15, 2024 / by emptywheel

 

The Gaps in David Weiss’ Belated Indictment of Alexander Smirnov

David Weiss has indicted the informant behind an FD-1023 that Bill Barr used to justify the ongoing investigation into Hunter and Joe Biden. Weiss charged Alexander Smirnov with one count of false statement and one count of obstruction.

The indictment alleges that Smirnov lied about the meetings he did have with Burisma, and lied about what Burisma officials told him.

The indictment ties Smirnov’s efforts to frame Joe Biden with Rudy Giuliani’s efforts, though without naming Rudy. For example, the indictment describes that both before and after this article, Smirnov promised his handler that Biden would soon be going to jail.

But the citations of the article simply omit mention of Rudy.  

In describing the side channel that Barr set up, it attributed the project to Jeffrey Rosen, not Barr.

It omitted mention that the side channel was primarily set up so that Rudy could share information, including information from Russian spies. And it didn’t describe that, per Scott Brady, he found Smirnov’s report by seeking information on Hunter and Burisma.

Q And the original FD1023 that you’re referring as information was mentioned about Hunter Bidden and the board of Burisma, how did that information come to your office?

A At a high level, we had asked the FBI to look through their files for any information again, limited scope, right? And by “limited,” I mean, no grand jury tools. So one of the things we could do was ask the FBI to identify certain things that was information brought to us. One was just asking to search their files for Burisma, instances of Burisma or Hunter Biden. That 1023 was identified because of that discreet statement that just identified Hunter Biden serving on the Burisma board. That was in a file in the Washington Field Office. And so, once we identified that, we asked to see that 1023. That’s when we made the determination and the request to reinterview the CHS and led to this 1023. [my emphasis]

It describes that after Pittsburgh closed their assessment (something Bill Barr has public disputed), the FBI interviewed Smirnov again, and he lied again.

It doesn’t describe that after Smirnov changed his story, and days after (in October 2020) Donald Trump yelled at Bill Barr about Hunter Biden, Richard Donoghue ordered David Weiss to accept a briefing on the FD-1023.

And the timing of the claimed investigation stinks.

It claims that some time in July 2023, the FBI asked David Weiss to help investigate the source that Weiss had been ordered to integrate into his investigation years before.

It doesn’t mention that Weiss was already under pressure from Lindsey Graham to use the informant report against Hunter Biden.

The FBI interviewed Smirnov’s handler on August 29 of last year. They interviewed Smirnov on September 27, where — they allege — he told still more lies.

But they did nothing when Hunter Biden asked for discovery on this on November 15, repeatedly misrepresenting Richard Donoghue’s role in it.

They only indicted after Judge Mark Scarsi suggested, in a preliminary hearing on January 11, that he would provide discovery on matters outside of prosecutorial deliberations.

Now they can withhold the details of how David Weiss used “a little more colorful language” when he acquiesced to accepting other materials from Scott Brady.

Great! They indicted another of James Comer’s great hopes to impeach Joe Biden.

But there are few people left in DOJ who are more conflicted on this prosecution than David Weiss.

Update: Took out a reference to the September 2023 interview that was out of timeline.

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Originally Posted @ https://www.emptywheel.net/2024/02/15/the-gaps-in-leo-wises-belated-indictment-of-alexander-smirnov/