Former FBI official Nikki Floris appeared in a Washington, DC federal courtroom on Tuesday for a hearing regarding allegations that she and a colleague misled Congress. During a break in the proceedings, Floris was observed weeping in the courthouse hallway, the New York Post reports.
She and Bradley Benavides, who also served as an FBI official, turned themselves in last week. The two face a potential five-year prison sentence if they are convicted of lying to the House Judiciary Committee in 2023.
The hearing was held to determine if the Department of Justice has enough evidence to proceed with the case. Magistrate Zia Faruqui presided over the session, which lasted the full day without a final ruling. A notable moment occurred when the judge struck down a superseding complaint that the Department of Justice filed in the middle of the night.
This amended complaint attempted to add an obstruction charge, but the judge noted that prosecutors lacked the necessary sign-off
Faruqui questioned the timing of the addition, stating, “Why today upend the entire history of how we charge cases?” He also suggested that the prosecution team appeared to be acting as if they were “afraid” that he was “not going to find probable cause.”
The core of the case involves the FBI Foreign Influence Task Force, where both Floris and Benavides worked. Prosecutors claim they have internal emails, messages, and testimony showing the two discussed Hunter Biden and his laptop repeatedly before the 2020 election. This includes claims that they helped manage press inquiries after a story about the laptop emails appeared on October 14, 2020.
The government alleges they pushed the narrative that the laptop was Russian disinformation. When Floris testified to the House Judiciary Committee in 2023, she stated she lacked knowledge about the laptop. Benavides claimed he first learned of its existence through Wikipedia.
FBI Special Agent Bryan Witt, who is a government witness, testified on Tuesday. He expressed skepticism regarding the idea that Benavides would have forgotten his previous communications about the laptop.
During cross-examination by Benavides attorney Ron Safer, Witt stated, “It’d be common sense to remember that stuff.” Witt noted that the testimony Benavides provided to the House panel conflicted with evidence like direct message transcripts and chat logs. However, Witt did admit that he lacked direct evidence proving that the claim made by Benavides was intentionally false.
The defense team for Floris, led by attorney Margaret Donovan, pushed back on the nature of the investigation. Donovan tried to get Witt to label the inquiry a “witch hunt.” She pointed out that President Trump mentioned Floris and Benavides in a speech the night before Witt was assigned to the case. She also noted that both were named in a letter from the president that directed the FBI to start an investigation.
While Witt acknowledged he was “concerned [the investigation] would be viewed as political,” he did not agree to call it a “witch hunt.” Witt did agree with Donovan that the assignment he received from FBI Director Kash Patel was “unusual.” Despite this, he maintained that his instructions were to “investigate potential crimes” rather than being told a specific crime had occurred.
The hearing is set to continue on Wednesday.
Published: Oct 28, 2026 04:15 pm