My old friend and business partner, John Moynihan, filed a whistleblower complaint with the Department of Justice Inspector General’s Office on November 28 alleging that Jack Smith, the Special Prosecutor pursuing Donald Trump, was engaged in an extortion scheme while he was working at the International Court of Justice. (You can find the complaint at the bottom of this linked article by Patrick Byrne.) It is no coincidence that Jack Smith, in the wake of that complaint, made an impromptu move on Monday (December 11) asking the U.S. Supreme Court to decide whether Donald Trump had immunity to the charges filed by Smith. Moynihan’s complaint was filed on November 28, 2023 and Smith, 13 days later decides to bypass the Appeals Courts. Smells like politics.
The Moynihan complaint is political dynamite because it provides circumstantial evidence to support Donald Trump’s belief that Jack Smith is not only politically motivated but corrupt. The Trump team wisely has refrained from piling on this news in order to avoid accusations that this was a manufactured hit job.
Let’s start with the man who brought this complaint. John Francis Moynihan is a former employee of the Drug Enforcement Administration (“DEA”) and has been my business partner since 1998. We have pursued separate activities over the last four years, but remain in close contact and work on projects from time to time. John is hands down the best expert in the world on money laundering and financial crimes. He lays out his credentials in the opening paragraph of the complaint:
I am currently a consultant to the DEA and other United States law enforcement agencies. I have thirty-five years expe1ience investigating domestic and international money laundering cases in both criminal and civil matters. The cases I have worked on involve complex domestic and international financial transactions and have resulted in indictments, plea agreements, criminal convictions, large scale seizures of money, and
settlements in the billions of dollars. I continue to assist the Department of Justice and the Treasury Department in money laundering and other cases, some of which are currently ongoing.’ All of which is to say that I am a recognized expert in the areas of money laundering and financial investigations.
John learned of Jack Smith’s alleged involvement thanks to a tip from a friend and DEA Agent, who had a confidential informant, who alerted him to the extortion scheme at the ICJ (as stated in the complaint).
The complaint includes affidavits from four people with ties to Kosovo — Milaim Zeka, Edlira Qefalija, Halit Sahitaj and Darko Perovic. I want to focus specifically on the sworn testimony of Halit Sahitaj because it provides the most comprehensive account of the Jack Smith’s machinations at the ICJ and raises serious questions about the integrity of the Court and its trials.
Sahitaj, an Albanian by birth, lives in Spain and is a wealthy businessman with contacts throughout the Balkans and Russia. According to his sworn affidavit, Sahitaj says he learned of the extortion scheme from a man who used the name “Florian”, who claimed to be an American working for the CIA. “Florian’s” real name is Faik lmeri and he is listed as a Belgian, not an American on his driver’s license. Florian/Imeri first contacted Sahitaj in February 2022.
Imeri is not just some bloke masquerading as a CIA asset. He had a direct relationship with Jack Smith and he introduced Halit to Jack Smith and, according to the affidavit:
induced [Halit Sahitaj[ into doing the bidding of the Specialist Prosecutors office to extort Russian oligarchs and the family and friends of Thaci in exchange for leniency. Specifically, Imeri directed Halit to find Russian oligarchs who are on the U.S. sanction list so they could offer “assistance” to get them off the list or, for those oligarchs who were not on the list, to keep them off.
Halit describes in detail 6 interactions with Smith and Imeri over the course of two years (June 2020 to April 2022). Halit’s first introduction to Jack Smith was via phone in June 2020, after he received tasking from Imeri to develop a relationship with a Russian businessman, Valeri Subbotin.
During this conversation, Florian received a phone call. He held the phone for me to see and the display said “Jack Smith” and it had a picture of justice scales for the contact photograph. Florian answered and said, “Hello sir, I am with our new man from Spain.” Florian put the phone on speaker and a male voice in perfect English said, “Hello, it is nice to meet you.” We finished the meeting and I returned to Spain.
Exhibit C, page 2
In July 2020, Imeri told Halit that Jack Smith wanted his help in gathering evidence to be used against Albanian government officials.
I continued daily contact with Florian throughout July. One day, Florian called and informed me that Jack Smith is preparing to arrest the entire top government people in Kosovo. We continued to talk about this subject for several days and weeks. During one conversation, Florian told me that Jack Smith thinks that I could help him prepare for court proceedings. l readily agreed to help.
Exhibit C, page 2
In August 2020, Imeri contacted Halit and tasked him with contacting three “war criminals” in Kosovo. Imeri said that Jack Smith’s office was going to leak dossiers on the three individuals and that Halit’s job was to contact them and solicit a bribe. Halit did as instructed and incurred the wrath of the three targets. His next conversation with Imeri was unpleasant, with Imeri accusing him of botching the bribe request. To earn the trust of Smith’s operation, Halit was asked to “donate” more than $400,000 to a black fund used by the Prosecutor’s office. Halit did as instructed:
Two or three days later, Florian called. He told me that someone wanted to thank me for my donation. He put someone else on the phone who thanked me very much for my donation. I recognized the voice as Prosecutor Jack Smith as we had one discussion on the phone in June of 2020. He said that Florian would be in touch with me about future operations. Florian and I resumed our daily phone conversations.
Exhibit C, page 3
Halit’s next task was to provide false testimony at The Hague against Kosovo’s President Thaqi
Florian asked if I would be ready in two or three hours. He asked me if I had a pen to take notes of my instructions. I heard a person in the background, and I recognized the voice. Florian called him by name, Jack. Jack spoke to him in English, and Florian spoke to me in Albanian. I took notes of my instructions in my notebook of the testimony I was to give. After this conversation, Florian told me to go to the hotel that he provided close to the Prosecutor’s office in The Hague.
Exhibit C, page 4
Halit’s affidavit describes in detail his testimony presented under questioning by one of Jack Smith’s long time associates, David Harbach. Halit reports this conversation with Harbach:
As small talk, I asked David, “Where is Prosecutor Jack Smith?” David said, “At the moment, Jack Smith is not here but I have been informed by Jack that you will come for this testimony.”
Exhibit C, page 4
Halit did not have to wait long. After leaving the Hague by car he got a text message from Imeri.
About two hours into my trip, Florian sent me a screenshot of a phone message he received from Jack Smith. In the screenshot, the message said, “Your Spanish friend has done a good job” with a thumb’s up emoji.
Exhibit C
Halit’s work for Jack Smith’s office was not over. His next targets, Russian oligarchs:
After I returned home, I maintained daily contact with Florian. He mostly asked about Russian oligarchs. He tasked me with finding Russian oligarchs who were on the U.S. sanction list so that we could offer to assistance to get them off the list or keep them off the list. I asked Florian what the procedure would be if I found people on the sanction list. Florian explained that there are two important criteria for the individuals. First, they would have to sign a contract to work for the Agency and give us information about Vladimir Putin. Second, they would have to pay money into the black fund for operational expenses. I immediately said to Florian that if this is not true, please do not make trouble for me with
the Russians. I did not want to risk my life nor the lives of my family if this was not true. Florian explained that he had spoken directly to Prosecutor Jack Smith about this. Smith had told him that he had colleagues in OFAC and this was all possible. He told me that during this operation I would be working directly for Jack Smith.Exhibit C, page 5
Halit concern that such activities could create some real problems for him were not unfounded. Imeri, sensing his discomfort, provided Halit with the best reassurance — a call from Jack Smith.
On November 7, 2020, Florian called. He said I have someone that wants to speak with you. Then, Jack Smith got on the phone. He said he is very grateful for my help in Kosovo. Smith also said that they could not have made the arrests without my help.
Exhibit C, page 5
During the next 11 months, Halit’s world was turned upside down. He was arrested and imprisoned in Spain on money laundering and weapons charges. If you think those developments were sufficient to scare off Jack Smith from continuing a relationship with Halit, think again. Halit got another phone call from Jack.
Two days later, Florian called. He stated that Prosecutor Jack Smith wanted to speak with me. I could hear Smith speaking in English to Florian who translated to me. Smith said that he was sorry about what happened to me and my family. He said he had done everything he could to help me get out of prison. Smith also said that it would be good for me to continue to speak with the Russian oligarch regarding his case.
Exhibit C, page 6
According to Hilat, Smith’s interest in the Russians had a U.S. connection — Hillary Clinton.
Near the end of January, Florian called me to tell me that he had spoken with Jack Smith. He told me that Jack Smith wanted to know if Potanin was still in possession of evidence of corruption by Hillary Clinton. Or, if he had shared the evidence with anyone in the Secret Service.
Exhibit C, page 7
How did Jack Smith know that the Russian Potanin possessed incriminating evidence about Hillary Clinton? And why was a prosecutor with the International Court of Justice meddling in that area? Legitimate questions that merit an investigation.
As time progressed Halit realized he had been used maliciously to prosecute President Thaqi and tried to make amends. He contacted the ICJ and confessed that he had fabricated testimony at the behest of Imeri and Jack Smith. That got some attention.
On approximately April 22, 2022, I received a Signal call from Alan Teiger. On the call was a translator, Alan Tieger, and two investigators. We spoke for around one and half hours. Mr. Alan Tieger can provide the details of the conversation. However, Mr. Tieger informed me that they were going to record the conversation, and everyone consented, so I recorded it as well. I can provide a true and accurate copy of that recording.
Weeks later, I received a phone call from my intermediary with the two Russian oligarchs. The intermediary told me that my CIA contact had extorted $16,000,000 in USD from the Russians. I asked how the CIA had done that. The intermediary told me that Michal Prochorov had paid seven million and Vladimir Potanin paid nine million. The intermediary told me that Prochorov said that I know owe him seven million dollars.
Exhibit C, page 9
So far Halit is still alive. He is in a pickle because the Russian, Michal Prochorov, blames him for having to pay $7,000,000 dollars. But that is not the meat of this story. What the hell was Jack Smith doing?
The allegations by Halit and the others are backed up with significant documentary/electronic evidence. But there are broader issues at play and these demand answers. If the allegations of Milaim Zeka, Edlira Qefalija, Halit Sahitaj and Darko Perovic are true then it calls into question the objectivity and fairness of the ICJ. The affiants’ accounts of the coercive and illegal activities allegedly carried out by Jack Smith indicate that this Court was engaged in a political mission in service of U.S. foreign policy rather than a search for justice.