Federal prosecutors have rejected a discovery request from a former FBI informant accused of making “false” bribery claims against Joe Biden and Hunter Biden, labeling his demands as “legally flawed” and irrelevant to the case.
The defendant, Alexander Smirnov, who allegedly fabricated accusations of Burisma-linked bribery to influence U.S. policy and to halt an investigation by Ukraine’s then-Prosecutor General Viktor Shokin, sought a variety of documents, including communications with his FBI handler and records from the State Department, which prosecutors argue are unsupported by law and unrelated to his false statements charges.
Two weeks ago, Smirnov’s legal team, led by attorney David Chesnoff, petitioned U.S. District Judge Otis Wright II to compel the special counsel’s office, led by David Weiss, to provide discovery. The defense requested documents including Smirnov’s phone, a photograph of his alleged FBI handler, State Department records mentioned in a New York Times article on Hunter Biden, and other materials. Smirnov’s attorneys allege that the government has disregarded requests for evidence.
The indictment claims that Smirnov interacted with Burisma executives only in 2017—well after Joe Biden left office and Shokin was removed in 2016. Prosecutors argue that Smirnov exaggerated these business interactions to create baseless bribery accusations against Biden. The indictment also highlights Smirnov’s shifting narratives when questioned by FBI agents in 2023, including an alleged meeting with Russian officials.
In a response filed on Monday, prosecutors contended that Smirnov’s motion lacked legal foundation and repeated discovery requests for materials already provided, materials that do not exist, or materials not relevant to his case. Prosecutors further noted that Smirnov’s submission consisted of “paragraph numbers from his previous discovery letters” without substantial legal argument.
According to prosecutors, the government has provided communications involving a Burisma associate, Associate 2, despite Smirnov’s assertion that they do not “appear to relate to interaction with Burisma officials.” Prosecutors stated, “It is not surprising…there is no evidence that supports his fabrications.” Special Counsel Weiss added that any additional impeachment materials would be provided to Smirnov’s defense team one week before trial.
The Special Counsel’s Office dismissed further requests as meritless, including demands for a phone, FBI handler photo ID, and State Department records. Prosecutors criticized these demands as “fishing expeditions” with no relation to Smirnov’s alleged false statements, asserting that they have complied with all discovery obligations.
Read the government’s opposition filing here.
