A federal magistrate judge on Tuesday sharply criticized the Justice Department for attempting to add new charges at the last minute in a case against two former FBI officials accused of lying to Congress about their knowledge of the Hunter Biden laptop investigation.
During a lengthy hearing, Judge Zia Faruqui questioned why prosecutors had filed a superseding complaint just after midnight, adding obstruction charges to the existing false statements counts against Nikki Floris and Bradley Benavides. “Why today on this one case have you changed the entire history of how you charge cases?” Faruqui asked, suggesting the move was “inappropriate” and outside normal court practice.
Assistant U.S. Attorney John Borchert responded, “We are not afraid of a probable cause finding.” But Faruqui was unconvinced, later ordering the superseding complaint struck from the record, saying he would not “bless” it.
Floris and Benavides, both former FBI agents, each face one count of making false statements in connection with their 2023 interviews with the House Judiciary Committee. Their attorneys argued that the DOJ's actions raised concerns about the “accuracy and credibility” of the case against these “decorated” law enforcement veterans. “The evidence is mounting that this prosecution is about some political football and not the law or the facts in this case,” said Mary Dorhmann, one of Floris's lawyers.
The case stems from the FBI's investigation into Hunter Biden's laptop ahead of the 2020 presidential election. The New York Post published stories based on the laptop's contents, which included emails about Hunter Biden's foreign business dealings, including a mention of a meeting between then-Vice President Joe Biden and an adviser to Ukrainian gas company Burisma. The Biden campaign denied the meeting occurred.
Prosecutors allege that Floris and Benavides, who worked in the FBI's Foreign Influence Task Force (FITF), were actively involved in the bureau's investigations into Hunter Biden but made “materially false” statements to lawmakers that impeded the committee's probe.
During Tuesday's hearing, Ron Safer, an attorney for Benavides, pressed FBI Special Agent Bryan Witt to explain how his client's alleged false statements affected the committee's investigation. Witt admitted he did not ask that specific question to anyone on the committee.
Witt also testified that he was concerned the case could be “viewed as political,” noting that FBI Director Kash Patel directed the investigation into Floris and others the day after President Trump gave an Oval Office speech rehashing claims that the 2020 election was stolen.
The hearing is set to resume on Wednesday with additional testimony from Witt. A ruling from the judge is expected to follow.
