Lying to Congress by anyone strikes at the heart of our democratic system, but when senior FBI agents lie to Congress believing they are above the law, it’s time to bring the hammer of justice down on them,
U.S. Attorney Jeanine Pirro said.
Federal prosecutors brought criminal charges against two former senior FBI intelligence officials, accusing them of lying to the House Judiciary Committee about their involvement in investigations into Hunter Biden and his laptop ahead of the 2020 presidential election.
Nikki Floris, who led the intelligence division in the bureau’s Washington field office, and Bradley Benavides, surrendered to authorities on arrest warrants on Friday. The U.S. Justice Department case alleges that both officials intentionally concealed their knowledge and participation during testimony before congressional investigators in 2023.
House Judiciary Committee Testimony Under Scrutiny
The criminal complaint centers on statements Floris and Benavides gave to lawmakers during separate congressional hearings. Prosecutors maintain that the former officials falsely minimized or denied their awareness of the laptop that Hunter Biden left at a Delaware computer repair shop in 2019, which later became a major political flashpoint before the 2020 election.
According to an FBI affidavit, Floris repeatedly denied any participation in the Hunter Biden probes when she testified before the House Judiciary Committee on July 19, 2023. Investigators assert that documentary evidence and contemporaneous communications contradict those claims, showing she was in frequent communication with the case team for over a year and coordinated the bureau’s response to news articles about the computer in real time.
Benavides appeared before the same committee on September 28, 2023. Prosecutors allege he falsely claimed he knew little about the matter. The Justice Department argues that internal communications show he had actually discussed the laptop story with colleagues inside the bureau.
U.S. Attorney Jeanine Pirro and FBI Director Kash Patel Push the Case
U.S. Attorney Jeanine Pirro strongly defended the prosecution, framing the charges as a necessary defense of governmental integrity. Lying to Congress by anyone strikes at the heart of our democratic system, but when senior FBI agents lie to Congress believing they are above the law, it’s time to bring the hammer of justice down on them,
Pirro said in a statement announcing the case.
FBI Director Kash Patel also outlined the allegations, noting that investigators possessed contemporaneous communications and witness accounts that contradicted the defendants’ congressional statements. Patel added that one of the officials was on record privately claiming to be running a shadow government during the 2020 election cycle.
During a preliminary hearing in federal court, FBI case agent Bryan Witt testified that Patel had personally directed the investigation beginning in July, assigning it to the Kansas City office. Witt acknowledged that he had concerns the high-profile probe would be viewed as political.
Defense Lawyers Denounce Charges as Politically Motivated
Attorneys for the former FBI officials pushed back fiercely against the government’s case, characterizing the prosecution as a transparent political maneuver brought on the eve of an election. Nikki Floris’ legal team called the case a sad day for the Justice Department, describing their client as a dedicated patriot who served the nation as an intelligence officer for nearly two decades.
accused her falsely of a crime on the say-so of politicians, not on the facts.
Mary Dorman, attorney for Nikki Floris
Defense attorneys also seized on severe missteps by prosecutors during the court proceedings. Magistrate Judge Zia Faruqui expressed sharp criticism of the Justice Department after it filed an unsworn and unsigned superseding complaint after midnight on Tuesday on the public court docket, adding an obstruction count just hours before the scheduled preliminary hearing.
Audio recordings played in court revealed that a top aide to Pirro acknowledged a significant operational error during a call with congressional staff, bluntly telling House Judiciary Committee general counsel Steve Castor, This is our f—up,
while asking for assistance in locating personnel who had been present for the testimony.
Federal Magistrate Rejects Superseding Complaint
Magistrate Judge Faruqui ultimately tossed out the newly filed charges following the tense, multi-day preliminary hearing in Washington, D.C. The judge questioned the prosecution’s unorthodox approach, noting that filing an unsigned criminal complaint runs contrary to standard judicial practice.
While the late-night superseding charges were thrown out, the initial false statements case against Floris and Benavides remained intact as the legal battle continued in federal court on Tuesday.
