\u201cWe were not making a representation that everything in this 1023 [FBI report] was credible.\u201d<\/p>\n
\u2014 Former U.S. attorney Scott Brady in an interview with congressional investigators, Oct. 23<\/p>\n
The indictment of Alexander Smirnov, a trusted FBI confidential source, on charges of lying about an alleged Ukrainian bribery scheme involving President Biden and his son Hunter is a new twist in a saga that has its roots in a project launched by then-Attorney General William P. Barr soon after President Donald Trump was impeached for the first time.<\/p>\n
Trump was impeached Dec. 18, 2019, charged with pressuring the Ukrainian government to turn up dirt on Biden, potentially his most formidable rival in 2020. Sixteen days later, on Jan. 3, 2020, Barr tasked Brady, a U.S. attorney in Western Pennsylvania, with vetting material regarding Biden and Ukraine \u2014 some of it supplied by Trump attorney Rudy Giuliani \u2014 for possible distribution to prosecutors who could use a grand jury to investigate further.<\/p>\n
To some extent, this story mirrors that of the \u201cSteele dossier,\u201d a string of unverified and derogatory pieces of information on Trump collected during the 2016 election by a confidential source trusted by the FBI, Christopher Steele, on behalf of Hillary Clinton\u2019s campaign and the Democratic National Committee. Steele\u2019s reports, leaked to the media, created a firestorm of speculation by Democrats about Trump\u2019s ties to Russia \u2014 even though much of it turned out to be false. (Steele has said he stands by his work.)<\/p>\n
In the same vein, the Smirnov tale has its roots in a Republican effort to target Biden. His story didn\u2019t gain much traction among investigators in 2020 but emerged in 2023 and was immediately embraced as true by many GOP lawmakers. A detailed review of information contained in the indictment, Brady\u2019s testimony before congressional investigators, public statements and other documents shows that \u2014 absent Barr\u2019s creation of a Biden task force \u2014 Smirnov\u2019s allegations probably never would have appeared in the FBI document that led to his indictment and to the possible collapse of the Republicans\u2019 impeachment case with Smirnov as its star.<\/p>\n
Barr spoke briefly to The Fact Checker, off the record, before hanging up the phone.<\/p>\n
Here is a timeline of the years-long events ending in Smirnov\u2019s arrest.<\/p>\n
March 1, 2017: Smirnov, an FBI source since 2010, speaks to his FBI handler as part of a routine communication. He says that in the previous month, he had a discussion with Mykola Zlochevsky, the chief executive of the Ukrainian gas firm Burisma, about possibly acquiring a U.S.-based petroleum firm. As an aside, he mentions that Hunter Biden is on the Burisma board. He makes no mention of an alleged bribe to the Bidens. The report of the conversation, known as an FD-1023, is filed away.<\/p>\n
Dec. 18, 2019: Trump is impeached in the House, accused of having dangled favors to the Ukrainian government if it would announce an investigation of Biden. The impeachment probe uncovered how Trump had urged Giuliani to put pressure on the Ukrainians to target Biden.<\/p>\n
Jan. 3, 2020: In an email, Brady is informed that Barr and Deputy Attorney General Jeffrey A. Rosen want him to undertake a \u201cdiscreet assignment.\u201d Brady later told congressional investigators that \u201cwe were to take information provided by the public, including Mayor Giuliani, relating to Ukrainian corruption. We were to vet that, and that was how we described it internally, a vetting process.\u201d He said he personally briefed Barr on his progress twice.<\/p>\n
Jan. 29: Giuliani is interviewed by Brady and his team at the FBI\u2019s Pittsburgh office. \u201cThere were a lot of names, which included details allegedly derived from those people, including \u2026 bank account numbers, email addresses, cellphones that would purportedly point toward evidence,\u201d Brady recalled. \u201cThere was information about a variety of schemes and accusations not limited to Burisma and Mr. [Joe] Biden.\u201d<\/p>\n
Feb. 9: Sen. Lindsey Graham (R-S.C.) tells CBS\u2019s \u201cFace The Nation\u201d that he has been told by Barr that the Justice Department has \u201ccreated a process that Rudy could give information and they would see if it\u2019s verified.\u201d<\/p>\n
Feb. 10: Barr confirms to reporters that the Justice Department has such a project underway. \u201cThe DOJ has the obligation to have an open door to anybody who wishes to provide us information that they think is relevant,\u201d Barr says. \u201cBut as I did say to Senator Graham, we have to be very careful with respect to any information coming from the Ukraine.\u201d<\/p>\n
March: The coronavirus pandemic forces investigators to work remotely, delaying progress. At the end of the month, the FBI opens an assessment \u2014 a step before taking information to a grand jury. Brady said that for his team to keep investigating, the FBI assessment needed to be renewed every 30 days, requiring 17 sign-offs at headquarters, and agents would stop working if the renewal lapsed. \u201cThe agents would go pens down for weeks at a time,\u201d he said. \u201cAnd so that was incredibly frustrating.\u201d<\/p>\n
March to May: At Brady\u2019s request, the FBI searches in its files for \u201cBurisma\u201d and related search terms because of the information received from Giuliani. \u201c\u2018Burisma\u2019 appeared in a lot of the material we received from Mr. Giuliani,\u201d Brady said.<\/p>\n
May 19: Smirnov texts his FBI handler about the release of edited fragments of private phone calls between Biden and a former Ukrainian president by Andriy Derkach, a Ukrainian lawmaker. \u201cSmells bad\u201d for Biden, Smirnov writes. Derkach, an independent member of Ukraine\u2019s parliament who previously aligned with a pro-Russian faction, had previously met with Giuliani. Donald Trump Jr., the president\u2019s son, posts one of the recordings on Twitter hours later and implies impropriety by Biden.<\/p>\n
Smirnov suggests Biden is going to jail and mentions a possible bribe. His handler expresses doubt, saying the claim only makes sense if you believe the story that Biden pushed out Ukraine\u2019s top prosecutor to assist Burisma \u2014\u201d which my [sic] all accounts it was not.\u201d (Indeed, this was a false narrative promoted by Trump.)<\/p>\n
\u201cFor sure yes,\u201d Smirnov replies. \u201cI\u2019ll try to prove to you bro.\u201d<\/p>\n
Early June: The 2017 interview with Smirnov is found by FBI Pittsburgh in a Washington Field Office file because of the \u201cBurisma\u201d keyword search and flagged to Brady\u2019s team. For about 20 days, Brady said, FBI officials resist asking the handler to contact the source about the reference. Brady said his impression was the FBI was trying to protect Smirnov so that they could continue to use him as a source.<\/p>\n
June 26: FBI Pittsburgh asks the handler to contact Smirnov. That same day, he telephones Smirnov. This time, the indictment says, Smirnov said he met and spoke with Zlochevsky in 2015 and\/or 2016, mentioning specific locations such as Vienna, and was told Biden and his son had each been paid $5 million to oust the prosecutor and protect Burisma. (It is unclear why neither Smirnov nor the handler followed up on the May text exchange until prodded by Brady\u2019s team.) The indictment says this story was a fabrication.<\/p>\n
June 30: The handler\u2019s account of the interview is memorialized on a Form 1023, an official record of the FBI, and finalized. Brady\u2019s team reviews it and confirms that it was sent to the Baltimore FBI field office and the U.S. attorney for Delaware, David Weiss.<\/p>\n
July-August: To vet Smirnov\u2019s claims, the FBI Pittsburgh office asks him for his travel records, which the indictment says he provided. The FBI then \u201cconcluded that all reasonable steps had been completed regarding the Defendant\u2019s allegations\u201d and that the assessment of his claims should be closed.<\/p>\n
The indictment does not indicate whether Smirnov\u2019s travel was confirmed. But in his testimony, Brady suggested it was.<\/p>\n
\u201cWe attempted to use open-source material to check against what was stated in the 1023,\u201d Brady said. \u201cWe also interfaced with the CHS\u2019 handler about certain statements relating to travel and meetings to see if they were consistent with his or her understanding. \u2026 What we were able to identify, we found that it was consistent. And so we felt that there were sufficient indicia of credibility in this 1023 to pass it on to an office that had a predicated grand jury investigation.\u201d<\/p>\n
Curiously, Brady\u2019s lawyer interrupted the congressional interview to prevent Brady from answering specific questions about what the travel records showed. He would not even let him say whether the travel records showed Smirnov had traveled to the locations mentioned in the FBI report.<\/p>\n
Aug. 12: The FBI Pittsburgh office is informed that senior officials agree the matter should be closed, the indictment says.<\/p>\n
Sept. 3: The FBI assessment is officially closed, according to a letter written in October 2023 by Sen. Chuck Grassley (R-Iowa).<\/p>\n
Sept. 21: Brady submits a report, titled \u201cVETTING,\u201d to a senior Justice Department official, Richard Donoghue, the Grassley letter says. \u201cWe summarized some of the allegations that had been brought or alleged by Mr. Giuliani and noted where there was \u2014 either we had no basis of opining, or there was conflicting information,\u201d Brady said.<\/p>\n
Mid-October: Trump calls Barr and inquires about the investigation into Hunter Biden, whose laptop contents had been disseminated by Giuliani. Barr, in his memoir, says he yelled: \u201cDammit, Mr. President, I am not going to talk to you about Hunter Biden. Period!\u201d<\/p>\n
Oct. 23: Brady and FBI agents brief Weiss\u2019s office on his findings. \u201cWe could only present what we had identified, explain to them the sources by which we believed something had indicia of credibility, and then make recommendations about what we think they might want to do with that,\u201d Brady said. With the conclusion of the briefing, Brady\u2019s \u201ctasking\u201d ends. \u201cWe pulled up our stakes and folded our tent and went on to other things,\u201d he said.<\/p>\n
Nov. 3: Trump loses reelection to Biden.<\/p>\n
Dec. 27: In a conversation with Donoghue and Rosen about his efforts to challenge the election results, Trump presses for a special counsel to investigate the Bidens. \u201cYou figure out what to do with Hunter Biden,\u201d Trump said, according to Donoghue\u2019s notes and testimony he gave to Congress. \u201cThat\u2019s up to you guys.\u201d But \u201cpeople will criticize the DOJ if Hunter\u2019s not investigated for real.\u201d<\/p>\n
Nov. 16, 2022: Trump announces that he will run for president again.<\/p>\n
May 3, 2023: Grassley and Rep. James Comer (R-Ky.) release a letter to the Justice Department and the FBI saying they have learned the agencies \u201cpossess an unclassified FD-1023 form that describes an alleged criminal scheme involving then-Vice President Biden and a foreign national relating to the exchange of money for policy decisions.\u201d They say it is unclear what efforts were made to investigate the allegation.<\/p>\n
June 5: As GOP lawmakers threaten to hold FBI Director Christopher A. Wray in contempt for not releasing the document, Rep. Jamie Raskin (D-Md.), ranking member of the House Oversight Committee, says the FBI and Justice Department had reviewed it in 2020 and determined there was no need for more investigative steps.<\/p>\n
June 7: Barr tells the Federalist, a conservative online publication, that the inquiry was not closed down. \u201cOn the contrary,\u201d he said, \u201cit was sent to Delaware for further investigation.\u201d That same day, Comer cancels a vote to cite Wray for contempt after the FBI director agrees to make the document available to all members of the Oversight Committee.<\/p>\n
July: \u201cThe FBI requested that the U.S. attorney\u2019s office for the District of Delaware assist the FBI in an investigation of allegations related to the 2020 1023,\u201d the indictment says.<\/p>\n
July 10: Weiss writes to Graham that his questions regarding the FD-1023 \u201crelate to an ongoing investigation,\u201d so he \u201ccannot comment on them at this time.\u201d<\/p>\n
July 20: Grassley and Comer publicly release the document. \u201cWhy have they tried to conceal it from Congress and the American people for so long? The Justice Department and FBI have failed to come clean, but Chairman Comer and I intend to find out,\u201d Grassley says in a statement.<\/p>\n
July 24: The Federalist, citing a confidential source, claims that Weiss\u2019s office was told in the 2020 briefing that the FBI had corroborated multiple facts included in the FBI report. \u201cThe Pittsburgh FBI office obtained travel records for the CHS, and those records confirmed the CHS had traveled to the locales detailed in the FD-1023 during the relevant time period,\u201d the Federalist said. \u201cThe trips included a late 2015 or early 2016 visit to Kyiv, Ukraine; a trip a couple of months later to Vienna, Austria; and travel to London in 2019.\u201d<\/p>\n
July 26: Hunter Biden plea deal on tax and gun charges \u2014 which he had agreed to June 20 \u2014 falls apart after skeptical questions from a judge and Weiss\u2019s office suggest the deal would not cover an ongoing investigation.<\/p>\n
Aug. 11: Weiss is appointed special counsel \u201cfor the ongoing investigation and prosecutions referenced and described in United States v. Robert Hunter Biden, as well as for any other matters that arose or may arise from that investigation.\u201d<\/p>\n
Aug. 29: FBI investigators speak to Smirnov\u2019s handler about the 2020 document. He says that after the public release of the FD-1023 by Grassley and Comer, he spoke to Smirnov about it. Smirnov \u201creaffirmed the accuracy of the statements contained in it,\u201d the indictment says. But when the handler reviewed the travel records with FBI investigators, he found they were inconsistent with what Smirnov had said in 2020, the indictment says.<\/p>\n
Sept. 27: Smirnov is interviewed by FBI investigators. Given the chance to recant, he reaffirms many of his claims about a bribe and says he had met with Zlochevsky earlier than 2017. He adds more details that the indictment says were also not true. \u201cNotably, these new and inconsistent statements arose only after the Defendant had reviewed messages, emails, and travel information that were in direct conflict with what he reported in the 2020 1023,\u201d the indictment says.<\/p>\n
Feb. 14, 2024: Smirnov is arrested when he lands in Las Vegas and charged in the indictment with lying to the FBI.<\/p>\n
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\u201cWe were not making a representation that everything in this 1023 [FBI report] was credible.\u201d \u2014 Former U.S. attorney Scott Brady in an interview with congressional investigators, Oct. 23 The indictment of Alexander Smirnov, a trusted FBI confidential source, on charges of lying about an alleged Ukrainian bribery scheme involving President Biden and his son […]<\/p>\n","protected":false},"author":0,"featured_media":1374,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-1373","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-politics"],"_links":{"self":[{"href":"https:\/\/businesstriumphs.com\/index.php\/wp-json\/wp\/v2\/posts\/1373","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/businesstriumphs.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/businesstriumphs.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"replies":[{"embeddable":true,"href":"https:\/\/businesstriumphs.com\/index.php\/wp-json\/wp\/v2\/comments?post=1373"}],"version-history":[{"count":0,"href":"https:\/\/businesstriumphs.com\/index.php\/wp-json\/wp\/v2\/posts\/1373\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/businesstriumphs.com\/index.php\/wp-json\/wp\/v2\/media\/1374"}],"wp:attachment":[{"href":"https:\/\/businesstriumphs.com\/index.php\/wp-json\/wp\/v2\/media?parent=1373"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/businesstriumphs.com\/index.php\/wp-json\/wp\/v2\/categories?post=1373"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/businesstriumphs.com\/index.php\/wp-json\/wp\/v2\/tags?post=1373"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}