Ex-FBI Agents Accused of Lying About Hunter Biden Probe Seek Case Dismissal
Attorneys argue prosecutors engaged in misconduct and lacked evidence in the charges against former agents Nikki Floris and Brian Benavides.
Attorneys for two former FBI agents, Nikki Floris and Brian Benavides, are seeking the immediate dismissal of charges that accuse them of lying to Congress about investigations into Hunter Biden. The defense argues there is a lack of evidence and alleges prosecutorial misconduct in a case that has drawn scrutiny from the magistrate judge overseeing it.
During a hearing Tuesday, Magistrate Judge Zia Faruqui expressed significant concern over the actions of federal prosecutors, even striking a superseding complaint from the record because it lacked proper judicial approval. Faruqui described the government's conduct as "inappropriate" and "throwing enormous amounts of gasoline onto this fire," which defense attorneys contend supports their claim that the charges are politically motivated.
The Justice Department charged Floris and Benavides on Friday. The charges stem from allegations that they made false statements to Congress regarding a probe into whether investigators attempted to suppress or discredit information from Hunter Biden's laptop in the lead-up to the 2020 election. The laptop's contents reportedly included compromising photos and videos.
Under cross-examination, FBI agent Bryan Witt, who investigated Floris and Benavides, testified that the case originated following a speech by then-President Donald Trump in July. Witt stated that after Trump's speech, which focused on unverified claims of election fraud, FBI Director Kash Patel personally assigned the investigation of a list of former agents, including Floris and Benavides, to the FBI's Kansas City field office. Witt acknowledged that this sequence of events was unusual and that the office received regular status updates from FBI leadership.
When a Justice Department attorney attempted to object to questioning about Trump's and Patel's involvement in initiating the investigation, Judge Faruqui appeared skeptical. Faruqui noted that testimony regarding the President's role in directing investigations seemed directly relevant to determining the reasonableness of the basis for the charges.
Hunter Biden has faced separate legal proceedings. In September 2024, he pleaded guilty in a federal tax case in Los Angeles. The investigation into his business dealings and laptop has been a subject of political attention.