The indictment of Alexander Smirnov, an ex-informant in the Justice Department’s probe into the Biden family who is accused of lying to the FBI, has put the spotlight on former British spy Christopher Steele.
As a “confidential human source” in June 2020, Smirnov said executives at Ukrainian energy company Burisma paid the Bidens “$5 million each” in exchange for favors from Joe Biden during his term as vice president. His claim was crucial evidence in House Republicans’ inquiries into the current president and family.
Smirnov has now been charged with making false statements and manufacturing false records concerning the Bidens’ business dealings in Ukraine, and the Justice Department has said he should remain in custody because of his alleged ties with Russian intelligence agencies.
His indictment led to comparisons to Steele, who compiled the infamous “Steele Dossier” during the 2016 presidential race, which alleged that Russia had been cultivating Trump for years. The dossier also alleged that Trump campaign figures worked with Russian President Vladimir Putin to find damaging information about his opponent, Democrat Hillary Clinton. Large portions of the contents of the report have not been substantiated.
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Representative Jim Jordan, an Ohio Republican who chairs the House Judiciary Committee and has led the GOP efforts to impeach President Joe Biden, raised concerns about an alleged double standard during an interview on Fox Business Network’s Mornings With Maria on Wednesday.
“With Christopher Steele, who gives false information about President Trump to the FBI, he continues to get paid,” Jordan said. “With this Smirnov guy, he gives false information to the FBI about the Bidens and he gets indicted. Doesn’t seem to me to be the same standard.”
Others have also drawn comparisons between the cases. CNN reporter Andy Kaczynski wrote in a post to X (formerly Twitter) that Smirnov’s testimony “just turned out to be GOP Steele dossier.”
Smirnov, Steele Cases ‘Not Equivalent’
However, legal experts saidthere are several major differences in the two cases.
Former federal prosecutor Barbara McQuade saidthat while many of the statements in the Steele dossier were unconfirmed, it was not proven that Steele did not believe them to be true.
“It is difficult to assess charging decisions by prosecutors because they often know facts that are not available to the public. But to charge someone with false statements, you must be able to prove that the person knew the statements were false,” she told Newsweek.
Michael McAuliffe, a former federal prosecutor and former elected state attorney, told Newsweek the cases are “not equivalent in terms of culpability or scope.”
“According to the charges, Smirnov made specific misrepresentations about nonexistent conversations with individuals regarding the Bidens and Burisma. His misleading conduct and lack of candor occurred over a long period of time, was extensive and it was allegedly tied to Russian intelligence,” he said.
McAuliffe said there is no evidence that Steele “knowingly and intentionally made up facts on behalf of a foreign adversary to influence American policy or criminal matters.”
“Further,” he continued, “John Durham––acting as a special counsel with the independence afforded the position––charged only Igor Danchenko, one of the Steele dossier sources, with misleading investigators and that case resulted in an acquittal by a jury of the defendant on all counts. Durham had the opportunity and the ability to charge Steele and made the decision not to do so.”
Former federal prosecutor Neama Rahmani told Newsweek another difference is related to the statute of limitations. Steele’s conduct took place before the 2016 election, he pointed out, and Smirnov continued to allegedly lie to federal agents as recently as September 2023.
“If Jordan is upset, he should direct his ire at former Attorney General Bill Barr and special counsel John Durham. Durham in particular was an aggressive prosecutor, and he had no qualms charging those connected to the Steele dossier,” Rahmani said.
Newsweek reached out for comment to the Justice Department via its contact form, as well as Jordan’s office via email.
Uncommon Knowledge
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Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.