Impeached South Korean president's lawyers slam detention efforts as acting leader warns of clash

SEOUL, South Korea (AP) — Lawyers for impeached South Korean President Yoon Suk Yeol denounced efforts to detain him over his short-lived imposition of martial law, while the country’s acting leader expressed concern Wednesday over a possible clash between law enforcement agents and presidential security personnel.

As anti-corruption officials and police prepared another attempt to detain Yoon following last week’s failed effort, the presidential security service fortified Yoon's compound with barbed wire and rows of tightly placed vehicles blocking the path to his residence.

The Corruption Investigation Office for High-Ranking Officials and police say they will make a more forceful effort to detain Yoon, warning that they could arrest members of the presidential security staff if they obstruct efforts to seize the embattled president.

The office, which is leading a joint investigation with police and military, has been seeking Yoon’s detention since he repeatedly ignored summons for questioning about whether his brief power grab on Dec. 3 constituted rebellion.

In a news conference, Yoon’s lawyers challenged the legitimacy of a new detention warrant issued Tuesday by the Seoul Western District Court, arguing that the anti-corruption agency lacks legal authority to investigate rebellion charges or order police to detain suspects.

Yoon Kap-keun, one of the lawyers, urged the anti-corruption agency to either indict the president or seek a formal arrest warrant — a process that would require a court hearing.

However, he said the president would only comply with an arrest warrant issued by the Seoul Central District Court, accusing the agency of deliberately choosing the Western District Court because of its allegedly favorable judge. He didn’t give a clear answer when asked whether the president would appear at the Central District Court for a hearing on an arrest warrant, saying security issues must be settled first.

“People are suffering in the severe cold and government officials must be experiencing significant internal conflict,” the lawyer said, referring to daily protests by both Yoon’s critics and supporters near his residence. “Please consider this as us taking a step back based on good will.”

The liberal opposition Democratic Party, which drove the legislative effort leading to the president's impeachment on Dec. 14, accused his lawyers of attempting to stall the process and urged the anti-corruption agency to swiftly execute the detainment warrant against him.

About 150 anti-corruption agency investigators and police officers attempted to detain Yoon at his residence on Friday but retreated after a tense standoff with the presidential security service that lasted more than five hours. The investigators have not yet made another attempt to detain him.

Police said they are considering “all available options” to bring Yoon into custody and haven’t publicly ruled out the possibility of deploying SWAT teams, although it’s unclear whether investigators would risk triggering a confrontation with presidential security forces, who are also armed.

In a government meeting on Wednesday, the country’s acting president, Deputy Prime Minister Choi Sang-mok, urged authorities to ensure “there are no injuries to citizens or physical clashes between government agencies” in any attempt to detain Yoon.

In a parliamentary hearing on Tuesday, Oh Dong-woon, the anti-corruption agency's chief prosecutor, criticized Choi for instructing police to follow the presidential security service’s request to beef up security at Yoon’s residence ahead of Friday’s detention attempt. The police did not carry out Choi’s instruction, and Oh said the agency was reviewing whether Choi’s actions constituted an obstruction of official duties.

Hours after Yoon declared martial law and dispatched troops to surround the National Assembly on Dec. 3, lawmakers who managed to get past the blockade voted to lift the measure. Yoon’s presidential powers were suspended after the opposition-dominated assembly voted to impeach him on Dec. 14, accusing him of rebellion. The Constitutional Court has started deliberations on whether to formally remove Yoon from office or reinstate him.

Demonstrators supporting, left, and opposing impeached South Korean President Yoon Suk Yeol confront each other near the presidential residence in Seoul, South Korea, Wednesday, Jan. 8, 2025. The letters on right read "Arrest Yoon Suk Yeol." (AP Photo/Ahn Young-joon)

Protesters attend a rally demanding the arrest of impeached South Korean President Yoon Suk Yeol near the presidential residence in Seoul, South Korea, Wednesday, Jan. 8, 2025. The letters read "Arrest Yoon Suk Yeol." (AP Photo/Ahn Young-joon)

Protesters attend a rally demanding the arrest of impeached South Korean President Yoon Suk Yeol near the presidential residence in Seoul, South Korea, Wednesday, Jan. 8, 2025. The letters read, "Arrest Yoon Suk Yeol." (AP Photo/Ahn Young-joon)

Supporters of impeached South Korean President Yoon Suk Yeol attend a rally to oppose his impeachment near the presidential residence in Seoul, South Korea, Wednesday, Jan. 8, 2025. (AP Photo/Ahn Young-joon)

Impeached South Korean President Yoon Suk Yeol's residence is seen in Seoul, South Korea, Wednesday, Jan. 8, 2025. (AP Photo/Ahn Young-joon)

Security personnel walk on a road lined up with buses blocking the entrance gate of impeached South Korean president Yoon Suk Yeol's residence in Seoul, South Korea, Wednesday, Jan. 8, 2025. (AP Photo/Ahn Young-joon)

Supporters of impeached South Korean President Yoon Suk Yeol shout slogans during a rally to oppose his impeachment near the presidential residence in Seoul, South Korea, Wednesday, Jan. 8, 2025. (AP Photo/Ahn Young-joon)

Supporters of impeached South Korean President Yoon Suk Yeol attend a rally to oppose his impeachment near the presidential residence in Seoul, South Korea, Wednesday, Jan. 8, 2025. (AP Photo/Ahn Young-joon)

Supporters of impeached South Korean President Yoon Suk Yeol attend a rally to oppose his impeachment near the presidential residence in Seoul, South Korea, Wednesday, Jan. 8, 2025. (AP Photo/Ahn Young-joon)

WASHINGTON (AP) — A former FBI informant who fabricated a story about President Joe Biden and his son Hunter accepting bribes that became central to Republicans’ impeachment effort was sentenced Wednesday to six years in prison.

Alexander Smirnovpleaded guilty last month in Los Angeles federal court to tax evasion and lying to the FBI about the phony bribery scheme in what prosecutors say was an effort to influence the outcome of the 2020 presidential election.

Smirnov, a dual U.S. and Israeli citizen, falsely claimed to his FBI handler that executives from the Ukrainian energy company Burisma had paid then-Vice President Biden and his son $5 million each around 2015.

Smirnov's explosive claim in 2020 came after he expressed "bias” about Joe Biden as a presidential candidate, according to prosecutors. In reality, investigators found Smirnov had only routine business dealings with Burisma starting in 2017 — after Biden's term as vice president.

Prosecutors noted that Smirnov's false claim “set off a firestorm in Congress” when it resurfaced years later as part of the House impeachment inquiry into President Biden, a Democrat who defeated Republican then-President Donald Trump in 2020. The Biden administration dismissed the House impeachment effort as a “stunt.”

Before Smirnov’s arrest, Republicans had demanded the FBI release the unredacted form documenting the unverified allegations, though they acknowledged they couldn’t confirm if they were true.

"In committing his crimes he betrayed the United States, a country that showed him nothing but generosity, including conferring on him the greatest honor it can bestow, citizenship," Justice Department special counsel David Weiss' team wrote in court papers. "He repaid the trust the United States placed in him to be a law-abiding naturalized citizen and, more specifically, that one of its premier law enforcement agencies placed in him to tell the truth as a confidential human source, by attempting to interfere in a Presidential election."

Smirnov will get credit for the time he has served behind bars since his arrest last February in the case accusing him of lying to the FBI. Prosecutors in November brought new tax charges alleging he concealed millions of dollars of income he earned between 2020 and 2022.

Smirnov's lawyers had sought no more than four years behind bars, noting the “substantial assistance" he provided to the U.S. government as an FBI informant for more than a decade. Smirnov's lawyers noted in court papers that he suffers from serious health issues related to his eyes and argue that a lengthy sentence would “unnecessarily prolong his suffering.”

“Mr. Smirnov has learned a very grave lesson and proffers to this Honorable Court that he will not find himself on this side of the law again,” attorneys Richard Schonfeld and David Chesnoff told the judge in court papers.

Smirnov was prosecuted by Weiss, who also brought gun and tax charges against Hunter Biden. Hunter Biden was supposed to be sentenced in December after being convicted at a trial in the gun case and pleading guilty to tax charges. But he was pardoned by his father, who said he believed “raw politics has infected this process and it led to a miscarriage of justice.”

In seeking a lighter sentence, Smirnov's lawyers wrote in court papers that both Hunter Biden and President-elect Trump — who was charged in two federal cases by a different special counsel — “have walked free and clear of any meaningful punishment.”

Special counsel Jack Smith abandoned the two federal cases against Trump — accusing him of conspiring to overturn his 2020 election loss and hoarding classified documents at his Mar-a-Lago estate in Palm Beach, Florida — after Trump's presidential victory over Vice President Kamala Harris in November.

Follow the AP's coverage of Hunter Biden at https://apnews.com/hub/hunter-biden.

FILE - In this courtroom sketch Defendant Alexander Smirnov speaks in Federal court in Los Angeles, Feb. 26, 2024. (William T. Robles via AP, File)