Attorneys for Hunter Biden said Monday that charges against an FBI informant show how he has been selectively prosecuted.
In a filing to supplement his motion to have tax charges dismissed, Biden's attorneys noted that Special Counsel David Weiss, "Had indicted Alexander Smirnov for making false bribery allegations against Mr. Biden and his father, President Biden."
The filing also observed that Weiss had initially closed the investigation into Smirnov's allegations against Biden in 2020 before opening it again in 2023. The attorneys accused the special counsel of using Smirnov's claims to scuttle a plea deal with Biden.
"With extremist Republicans and right-wing press outlets reviving interest in Smirnov's claims, the Special Counsel apparently reopened its investigation days or weeks later," the document stated. "By the end of that month (July), the then-U.S. Attorney's Office, instead of addressing with Mr. Biden's counsel the specific questions this Court asked on July 26, instead abruptly backed away from a Plea Agreement that it signed and proposed to this Court and reneged on the Diversion Agreement."
"The connection between the reopening of the Smirnov allegations and the then-U.S. Attorney's Office's total rejection of the Agreement it made has, at the least, the appearance of catering to the shouts of extremist Republicans to scuttle the deal and keep an investigation into Mr. Biden alive."
The attorneys said that new information suggested Smirnov was in contact with Russian intelligence assets.
Biden had reached a deal with prosecutors that would let him plead guilty to two tax misdemeanors and avoid prosecution on gun charges, but it was thrown out at the last minute by a judge. He now faces trial for the charges.
Lead prosecutor Leo Wise "explained that Smirnov's 'disinformation story' is part of a Russian intelligence operation 'aimed at denigrating President Biden' and 'supporting former President Trump,'" Biden's attorneys wrote.
"This case illustrates the very continuing harm identified by the Special Counsel," the document continued.
"The chain of events that is only partially revealed by the public filings supports the conclusion that the Special Counsel found some pretext to renege on the Agreement it signed, actually caved to political pressure in doing so, and brought unprecedented 4 charges—all originating with the now-revealed and totally discredited Russian disinformation campaign given to two U.S. Attorneys' Offices and fueled by operatives of former President Trump, knowingly or blind to the fact that they were carrying out the plan of Russian intelligence."
