Democratic New York Rep. Jerry Nadler wants to unleash the Department of Justice (DOJ) on a former U.S. attorney who recommended in 2020 that the department further investigate claims made by an FBI source alleging that a Ukrainian energy company bribed Hunter and Joe Biden.
Nadler, the ranking member of the House Judiciary Committee, wrote to Attorney General Merrick Garland and Inspector General Michael Horowitz on Thursday requesting that the DOJ open an investigation into former U.S. Attorney for the Western District of Pennsylvania Scott Brady. In October 2023, Brady testified to lawmakers that he found the FBI source’s claims about Burisma executives discussing massive bribe payments to the Biden family to be potentially credible enough to warrant further investigation by the U.S. Attorney’s Office for the District of Delaware — run at the time by now-special counsel David Weiss — in 2020.
“I write to ask that you investigate former U.S. Attorney Scott Brady for what appears to be misleading testimony provided to the House Judiciary Committee. I also ask that you launch an inquiry into the circumstances surrounding Mr. Brady’s investigation of matters related to Ukraine and Hunter Biden,” Nadler’s letter reads.
WASHINGTON, DC – DECEMBER 6: U.S. Attorney General Merrick Garland speaks alongside FBI Director Christopher Wray (R) during a press conference at the U.S. Department of Justice on December 6, 2023 in Washington, DC. The Department of Justice announced today that four Russian military personnel have been indicted for war crimes committed against a U.S. national living in Ukraine, the first of such charges ever to be brought under the U.S. war crimes statute. (Photo by Samuel Corum/Getty Images)
WASHINGTON, DC – SEPTEMBER 15: Department of Justice Inspector General Michael Horowitz speaks during a Senate Judiciary hearing about the Inspector General’s report on the FBI handling of the Larry Nassar investigation of sexual abuse of Olympic gymnasts, on Capitol Hill on September 15, 2021 in Washington, DC. Biles and other fellow U.S. Gymnasts gave testimony on the abuse they experienced at the hand of Larry Nassar, the former US women’s national gymnastics team doctor, and the FBI’s lack of urgency when handling their cases. (Photo by Anna Moneymaker/Getty Images)
Alexander Smirnov, the source who provided information to the FBI that became the basis for a June 2020 FD-1023 form, was arrested on Feb. 14 for allegedly lying to federal agents about the two Bidens and Burisma. A subsequent legal filing spelled out Smirnov’s self-admitted contacts with individuals tied to Russian intelligence, prompting several Democrats to suggest that Smirnov is a Russian asset and question the legitimacy of the ongoing congressional investigation into Joe Biden. (RELATED: Tony Bobulinski’s Lawyer Slams Jamie Raskin’s Effort To ‘Smear And Defame’ His Client In The Press)
Nadler Letter to Garland + Horowitz by Nick Pope on Scribd
“Given what we now know about Mr. Smirnov, it seems unlikely that Mr. Brady actually verified any of the information Mr. Smirnov provided to the FBI. Mr. Brady’s testimony to the contrary does not appear to be a mere misstatement—his comments were deliberate, repeated, and detailed,” Nadler’s letter states, adding that Brady “appears to have been part of a deliberate attempt to launder foreign disinformation through the Department of Justice.”
Nadler’s characterization of Brady and his October 2023 testimony is not supported by the transcript of that interview or other matters of fact regarding how the FD-1023 was handled by the DOJ and the FBI.
WASHINGTON, DC – OCTOBER 19: U.S. Attorney for the Western District of Pennsylvania Scott Brady, center, accompanied by Assistant Attorney General for the National Security Division John Demers, left, and FBI Deputy Director David Bowdich right, speaks at a news conference at the Department of Justice, on October 19, 2020 in Washington, DC. The Justice Department announced an indictment against six Russia GRU officers charged with engaging in a series of hacking and malware deployment operations to attack other countries’ infrastructure, elections and other actions designed to further Russia’s interests. (Photo by Andrew Harnik – Pool/Getty Images)
Former Attorney General Bill Barr instructed Brady and his team to take stock of matters and potential evidence related to the Bidens and Ukraine ahead of the 2020 election, which included the FD-1023 and its underlying claims, Brady testified. Their job was not to make a final determination as to whether something was true or false, but instead to diligently vet information to the extent they could and determine whether it was potentially credible or had even “an indicia of credibility.”
US Representative Jerry Nadler (D-NY) holds the flag of Israel as Israeli President Isaac Herzog addresses a Joint Meeting of Congress in the House Chamber of the US Capitol in Washington, DC, on July 19, 2023. (Photo by ANDREW CABALLERO-REYNOLDS/AFP via Getty Images)
WASHINGTON, DC – SEPTEMBER 19: U.S. Rep. Jerrold Nadler (D-NY) speaks as Rep. Joseph Morelle (D-NY) (L) and Rep. Terri Sewell (D-AL) (R) listen during a news conference at the U.S. Capitol on September 19, 2023 in Washington, DC. House Democrats held a news conference to introduce the John R. Lewis Voting Rights Advancement Act. (Photo by Alex Wong/Getty Images)
Brady’s office notified the U.S. Attorney’s Office for the District of Delaware about the FD-1023 and suggested that they dig into it using the investigative tools at their disposal since that was the office spearheading the investigation into Hunter Biden’s alleged breaches of tax and gun laws.
Weiss, who was then in charge of the Delaware office, and his team effectively sat on the FD-1023 for more than three years. The special counsel’s team did not interview Smirnov about the FD-1023 until September 2023, weeks after Republican Iowa Sen. Chuck Grassley obtained it from a DOJ whistleblower and released it into the public domain. The FBI considered Smirnov to be a credible source all the while, allowing him to engage in illegal activity for investigative purposes and apparently paying him for his work as a confidential human source.
WASHINGTON, DC – JULY 13: Federal Trade Commission Chair Lina Khan (R) talks with greets House Judiciary Committee ranking member Rep. Jerrold Nadler (D-NY) before a hearing in the Rayburn House Office Building on Capitol Hill on July 13, 2023 in Washington, DC. The committee’s Republicans and its chairman, Rep. Jim Jordan (R-OH), have accused Khan and the commission of “mismanagement,” “disregard for ethics and congressional oversight” and “politicized rulemakings.” (Photo by Chip Somodevilla/Getty Images)
Smirnov’s credibility was not seriously challenged in the public eye until earlier in February, when Weiss handed down the indictment alleging that he lied to federal agents and unsealed the subsequent filing describing his ties to individuals linked to Russian intelligence.
“If the FBI and the Delaware U.S. Attorney’s had been doing their jobs, Smirnov would have been re-interviewed and his claims scrutinized much earlier,” Jason Foster, the founder of Empower Oversight and former chief investigative counsel to the Senate Judiciary Committee, previously told the Daily Caller News Foundation. Foster also represents Internal Revenue Service whistleblower Gary Shapley.
Nadler’s office did not respond immediately to a request for comment.
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