Two former senior FBI officials, Nikki Cole Floris and Bradley Benavides, were charged Friday with making false statements to Congress regarding their roles in the bureau’s investigation into Hunter Biden’s laptop ahead of the 2020 presidential election. The charges stem from testimony given in 2023, during which both officials denied involvement in the FBI’s Foreign Influence Task Force (FITF) and its handling of the Hunter Biden probe.
Floris, 46, and Benavides, 56, surrendered Friday morning and made their first court appearance in Washington, D.C., where they were presented with criminal complaints charging each with one count of lying to Congress. The complaints allege that their testimony contradicted documentary evidence, contemporaneous communications, and witness accounts. According to the U.S. Attorney’s Office for the District of Columbia, the charges were filed under seal and unsealed on October 23, 2026.
Key Developments in the Case
- Floris and Benavides were both members of the FBI’s Foreign Influence Task Force, which was dissolved in 2022. Floris served as the task force’s deputy assistant director from mid-2019 through mid-2022, while Benavides was the section chief from mid-2019 through the 2020 election.
- The affidavit supporting the charges states that Floris circulated a Senate report from Senators Ron Johnson (R-Wis.) and Chuck Grassley (R-Iowa) the morning it was released in 2020, despite testifying that she had no knowledge of the senators’ investigation into Hunter Biden.
- Benavides claimed in his 2023 testimony that he first learned of the New York Post’s 2020 report on Hunter Biden’s laptop from Wikipedia while preparing for his congressional appearance. However, the complaint alleges he discussed the story the same day it was published and was involved in discussions about the investigation.
- Both officials testified that the FITF was not involved in the Hunter Biden investigations, a claim contradicted by the Justice Department’s evidence.
Court Proceedings and Legal Responses
The defendants appeared before Magistrate Judge Zia Faruqui, who noted their lengthy careers in federal law enforcement and described their backgrounds as “sparkling.” Faruqui also questioned the timing of the charges, given that the alleged conduct occurred years prior. A preliminary hearing has been scheduled for October 28, 2026.
Attorneys for Floris and Benavides have denied the allegations, framing the charges as politically motivated. Floris’ legal team stated in a press release that the charges were filed “on the eve of an election” to advance a “false narrative” and accused the Justice Department of acting on the “say-so of politicians, not on the facts.” Benavides’ attorney, Ron Safer, argued that the government had possessed the relevant information for years and questioned the unusual decision to file charges by criminal complaint rather than through a grand jury indictment.
Reactions from Law Enforcement and Political Figures
FBI Director Kash Patel issued a statement on X (formerly Twitter), asserting that the charges “stem from an ongoing investigation into the since-dissolved FBI Foreign Influence Task Force.” Patel added that the evidence contradicted the officials’ testimony and alleged that Floris had privately claimed to be “running a shadow government” during the 2020 election in her role on the FITF.
U.S. Attorney Jeanine Pirro framed the charges as a matter of upholding the rule of law, stating in a press release that “lying to Congress by anyone strikes at the heart of our democratic system” and that “no one is above the law.” Pirro emphasized that the charges were not tied to the timing of the midterm elections, despite the proximity to the vote.
Background: The Hunter Biden Laptop Controversy
The laptop in question was first reported on by the New York Post in October 2020, weeks before the presidential election. The story alleged that Hunter Biden had abandoned the device at a Delaware repair shop in 2019, containing emails and other materials that Republicans claimed implicated then-candidate Joe Biden in influence-peddling schemes. The FBI later confirmed the authenticity of the laptop’s contents, though the agency’s handling of the case became a subject of partisan debate.
Hunter Biden has since been convicted of federal gun charges and pleaded guilty to separate tax offenses, though those cases are unrelated to the laptop investigation. Republicans have long accused the FBI of mishandling the probe, while Democrats have argued that the laptop story was a politically motivated smear campaign.
Next Steps in the Case
Floris and Benavides are due back in court for a preliminary hearing on October 28, 2026. The charges carry a potential penalty of up to five years in prison if convicted. The case has raised broader questions about the accountability of federal law enforcement officials and the timing of politically sensitive prosecutions in the lead-up to elections.