Judge Challenges DOJ Over Biden Case and FBI Probe Questions
WHO:
Alternet - Floris’s attorney Margaret Donovan said the investigation’s initial focus later shifted to alleged crimes tied to congressional testimony; FBI Special Agent Bryan Witt agreed the focus changed but said he was unsure when.
Alternet - Floris’s attorney Mary Dohrmann called the case a “political football” and said the second complaint was “even more inaccurate than the first.”
Alternet - Benavides’s attorney Ron Safer questioned whether the committee knew the FBI had Hunter Biden’s laptop and whether the alleged statements affected its investigation.
NBC News - Magistrate Judge Zia M. Faruqui told a DOJ attorney that “everything is a sideshow on top of a sideshow” in the case.
Alternet - Former FBI agents Nikki Floris and Bradley Benavides were accused of lying to Congress about their involvement in the FBI’s investigation of Hunter Biden’s laptop; the Justice Department also alleged they obstructed justice.
Alternet - Magistrate Judge Zia M. Faruqui presided over the hearing. FBI Special Agent Bryan Witt testified. Floris was represented by Margaret Donovan and Mary Dohrmann; Benavides was represented by Ron Safer.
Fox News - Magistrate Judge Zia M. Faruqui dismissed DOJ obstruction charges against the two former FBI officials after prosecutors filed unsigned complaints at midnight.
Alternet - FBI Director Kash Patel directed the investigation, which was assigned to Witt through the FBI chain of command and sent to the Kansas City FBI office.
Alternet - District Attorney Jeanine Pirro’s office was pursuing the case. Politico reported that her office had failed to secure indictments in “dozens” of cases.
Alternet - Lawfare reporter Anna Bower documented the hearing. Elizabeth de la Vega, a 21-year federal prosecutor, criticized the superseding complaint as “extremely poorly-written.”
WHAT:
Alternet - Witt testified that he was concerned the investigation could distract from other cases and be viewed as “political.” He said he did not believe he had called it a “witch hunt.”
Alternet - Witt testified that he did not know whether House Judiciary Committee staff already knew the FBI possessed the laptop when Benavides was questioned.
Alternet - The DOJ alleged the agents’ answers “thwart[ed] follow-up interviews and subpoenas”; Witt cited an affidavit paragraph stating a congressional staffer believed Benavides’s statement was untrue.
Alternet - Floris’s motion to dismiss alleged the superseding complaint switched the law-enforcement affiant and added a charge under 18 U.S.C. § 1505.
NBC News - Faruqui tossed the new obstruction charge against Floris and Benavides.
Alternet - The judge questioned why the DOJ was proceeding by complaint without a grand jury indictment and called that approach “unusual.” He said he had never encountered unsigned complaints filed while awaiting a probable-cause finding.
Alternet - Faruqui questioned whether the DOJ was “creating a new way of charging people” and asked why it was changing its usual process in this case.
Alternet - Witt testified that he had not asked House Judiciary Committee staff what they knew about the laptop at the time, and did not know whether the committee already knew the FBI possessed it.
Alternet - Witt said the investigation initially concerned multiple people and later shifted to alleged false statements about congressional testimony; he was unsure when the shift occurred.
Alternet - Faruqui said the hearing should address whether the alleged statements materially affected the committee’s investigation, including how they affected it.
Alternet - The DOJ said an overnight superseding filing had been entered in error; a docket notice described it as an amended complaint that needed processing and a judge’s signature. Floris’s lawyers said the filing was unsigned and unsworn, changed the law-enforcement affiant, and added a charge under 18 U.S.C. § 1505.
Alternet - Faruqui ultimately called Witt as a witness after Benavides’s lawyer agreed to proceed under the first complaint.
WHERE:
Alternet - The proceedings took place in a Washington, D.C.-area court; the FBI directive was sent to the Kansas City FBI office.
WHEN:
Alternet - Trump’s July 17 speech alleged that the 2020 election had been stolen. He asked the FBI director to investigate and work with the DOJ to prosecute any responsible parties.
Alternet - The allegations concerning Benavides included testimony to House Judiciary Committee staff in 2023. The articles also refer to a letter directing the investigation in July, without specifying a year.
HOW:
Alternet - The DOJ said the overnight filing was an amended complaint, not a superseding indictment, and needed to be processed by the clerk’s office and sworn by a judge before filing on the docket.
(UPDATED October 28, 2026 02:01 UTC)
A federal magistrate judge dismissed obstruction charges against former FBI agents Nikki Floris and Bradley Benavides, while sharply questioning the Justice Department’s unusual use of unsigned complaints instead of a grand jury indictment. The agents were accused of lying to Congress about the FBI’s investigation of Hunter Biden’s laptop, but FBI Special Agent Bryan Witt testified that he did not know whether committee staff already knew the bureau had the laptop and was unsure when the investigation shifted toward alleged false statements. Defense lawyers challenged the accuracy and handling of the complaints, and the judge focused on whether the alleged statements actually affected the congressional investigation.
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(UPDATED October 27, 2026 23:11 UTC)
A magistrate judge dismissed obstruction charges against former FBI agents Nikki Floris and Bradley Benavides after prosecutors filed unsigned complaints, while questioning why the Justice Department was proceeding without a grand jury indictment. At the hearing, Judge Zia M. Faruqui called the process unusual and pressed prosecutors on whether the agents’ alleged false statements materially affected Congress’s investigation into Hunter Biden’s laptop. FBI Special Agent Bryan Witt testified that he had not asked committee staff what they knew about the laptop and was unsure when the inquiry shifted to alleged false statements.