Alexander Smirnov, an ex-informant who was arrested last week in Nevada on charges of lying to the FBI, was re-arrested Thursday after a judge had granted his release despite objections from the Department of Justice that he remain in custody.
Smirnov, according to a court filing, was in a meeting with his attorneys in Las Vegas discussing his case at the time of the second arrest. A DOJ spokesman confirmed the arrest occurred.
Smirnov was initially indicted last week in the Central District of California on two charges related to making allegedly false claims about President Joe Biden to the FBI. He was taken into custody at the time, but at a hearing two days ago, the Nevada judge granted he be released on his own recognizance while his case was heard.
The DOJ, whose prosecution of Smirnov is being led by special counsel David Weiss, argued Smirnov was a flight risk who needed to remain detained. Weiss filed a request with the district court in California for a judge there to reevaluate Smirnov’s release.
“Smirnov’s efforts to spread misinformation about a candidate of one of the two major parties in the United States continues,” prosecutors argued as they made the case that he be taken back into custody. They also alleged that Smirnov had ongoing and nefarious contact with Russian officials.
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After Smirnov was arrested for the second time on Thursday, his attorneys filed an emergency request asking the judge in Nevada to re-release him or hold a hearing in which he could argue for his release.
The judge responded by ordering Weiss to submit a reply to Smirnov’s request by Friday.