Two former senior FBI officials appeared in federal court Tuesday as they challenge criminal charges alleging they lied to Congress about their knowledge of investigations into Hunter Biden’s laptop. Nikki Cole Floris and Bradley Benavides, each charged with one count of making a false statement to Congress, deny wrongdoing. Their lawyers have called the case politically motivated, while prosecutors say documentary evidence and communications contradict their 2023 testimony.
Floris and Benavides were charged via a criminal complaint signed by a magistrate judge, a method their defense team is expected to challenge at the preliminary hearing. The allegations stem from their testimony before the House Judiciary Committee in 2023 regarding the FBI’s Foreign Influence Task Force, which was disbanded in mid-2022. The task force was created to monitor foreign interference, including investigations into Hunter Biden’s laptop, which was reportedly abandoned at a Delaware repair shop in 2019.
Prosecutors allege that Floris downplayed her involvement in Biden-related investigations, stating she had not discussed the matter while leading the task force. Benavides claimed he first learned of the laptop from a Wikipedia article during his preparation for the congressional interview. However, the Justice Department asserts that contemporaneous communications and witness accounts contradict these statements.
The case has drawn scrutiny over the timing of the charges, announced less than two weeks before the November 3 midterm elections. Defense attorneys are expected to argue that the prosecution’s approach—using a criminal complaint rather than a grand jury indictment—is procedurally unusual. The Justice Department has faced challenges in securing grand jury indictments in high-profile cases in Washington, D.C.
The saga traces back to October 2020, when the New York Post reported on Hunter Biden’s laptop, which contained emails and other data. The disclosure sparked partisan debates over the laptop’s authenticity and the FBI’s handling of the matter. Congressional Republicans have long criticized the Foreign Influence Task Force, accusing it of attempting to discredit their investigations into the Biden family. The task force’s disbandment in mid-2022 followed a reorganization of the FBI’s counterintelligence priorities.
Both Floris and Benavides have pleaded not guilty, and their legal teams are preparing to challenge the charges on procedural and evidentiary grounds. The outcome of Tuesday’s hearing could set the stage for further legal proceedings, including potential motions to dismiss the case or suppress evidence. The Justice Department has not publicly commented on the defense’s allegations of political motivation, and requests for comment from the FBI and independent legal experts remain pending.