Two Former FBI Officials Charged With Lying to Congress About Hunter Biden Probes
A criminal complaint unsealed Friday accuses the former leaders of the FBI's Foreign Influence Task Force of falsely telling the House Judiciary Committee in 2023 that they had no role in, or knowledge of, the Hunter Biden investigations. Both surrendered. Lawyers for one call the case political. A complaint is an accusation; both are presumed innocent.
The Overview
The facts, straight
Two former senior FBI officials who led the bureau's Foreign Influence Task Force (FITF) during the 2020 election surrendered Friday on federal charges of lying to Congress about the Hunter Biden investigations. U.S. Attorney Jeanine Ferris Pirro announced the charges in a Justice Department release. These are allegations in a criminal complaint. Both officials are presumed innocent, and neither has been indicted by a grand jury.
The release identifies the two as Nikki Cole Floris, 46, of Alexandria, Virginia, and Bradley Benavides, 56, of Aiken, South Carolina. Each is charged with one count of making false statements in a matter within the jurisdiction of the legislative branch, under 18 U.S.C. § 1001(a)(2). The complaint was filed under seal Oct. 20 and unsealed Friday (docket).
The testimony at issue. According to the affidavit filed with the complaint, the House Judiciary Committee interviewed Floris on July 19, 2023, and Benavides on Sept. 28, 2023. Both acknowledged at the start that false testimony could be prosecuted. Per the affidavit, Floris led FITF as deputy assistant director from mid-2019 through mid-2022, and Benavides was its section chief from mid-2019 through the 2020 election.
The affidavit quotes Floris answering "I did not" when asked whether she had any involvement in the Hunter Biden investigation. Asked whether Hunter Biden was ever discussed at FITF, she said, "No. At least not with me."
Benavides, asked whether the FBI had the laptop, answered: "Only because of the Wikipedia article, my understanding is, according to that article, the FBI is in possession of the laptop." Asked whether he had any discussions with the FBI's Criminal Division about the laptop, he said, "I did not."
What the government alleges. The affidavit, sworn by FBI Special Agent Byron Militello, says "documentary evidence, communications, and witness accounts" contradict that testimony. Among its allegations:
- August 2020 briefing. Floris and Benavides presented classified material on Aug. 14, 2020, to the Hunter Biden case team, including three federal prosecutors from Delaware. Afterward, Floris messaged a colleague that it "looks like it's a yes to defensively briefing the folks."
- Laptop talking points. On Oct. 16, 2020, Benavides wrote, and Floris approved, additions to the FBI director's talking points on the laptop.
- "To Discuss Laptop." On Oct. 22, 2020, Benavides sent a Criminal Division unit chief a meeting invitation titled "To Discuss Laptop." According to the affidavit, that official told investigators this month that the meeting confirmed the FBI had the laptop's contents.
- Through 2021. Floris kept receiving and passing along updates on the case through 2021. The FBI's code name for Hunter Biden was "Sportsman."
- The committee's view. A congressional staffer who attended the 2023 interviews told the FBI the answers were "materially untrue" and thwarted "investigative follow-up interviews and subpoenas."
The affidavit says FITF was disbanded in 2025.
"Shadow government." In the DOJ release, FBI Director Kash Patel said one of the two "is on record privately claiming to be 'running a shadow government' during the 2020 election." On X, Patel attributed the remark to Floris. That phrase does not appear in the affidavit, and neither the release nor the affidavit says where the remark comes from.
Pirro posted:
Post: U.S. Attorney Jeanine Pirro (@USAttyPirro) on X, Oct. 23, 2026, 10:31 a.m. ET.
"This morning, two former senior FBI officials, Nikki Floris, 46, and Bradley Benavides, 56, surrendered on arrest warrants after being charged with lying to Congress about their roles on the Foreign Influence Task Force during the 2020 election. Floris and Benavides allegedly lied to Congress about their roles in the FBI's Hunter Biden investigations, with one claiming they only learned about it from Wikipedia - despite evidence showing their involvement in helping shape the public narrative about Hunter Biden's laptop right before the election."
What the Left Says
The progressive and Democratic case
Floris's lawyers say the case is political. Margaret Donovan, Chris Mattei, Mary Dohrmann and Kyle R. Freeny said in a statement reported by CBS News: "Nikki Floris is a patriot. She served our nation as a dedicated FBI intelligence officer for nearly 20 years. Yet today, the DOJ has accused her falsely of a crime on the say-so of politicians, not on the facts. It's no coincidence the government is filing these nonsense charges now, years later, on the eve of an election." They said the government's aim is "to push a false narrative for a shot at political points."
Ron Safer, a lawyer for Benavides, focused on timing. "The alleged conduct happened years ago. The government has had the information about this for years," he said in court, according to CBS. He asked for a preliminary hearing "as soon as humanly possible" to test whether there is probable cause.
Safer's motion to appear in the case is pending; Kimberly Louise Paschall has entered an appearance for Benavides (docket).
Where Reality Likely Sits
Radio Purple's analysis
- The documents carry the case. The affidavit leans on contemporaneous emails, instant messages and calendar invitations, alongside witness accounts given this month. A jury would weigh those against the officials' 2023 answers, which were often hedged: "at least not with me," "firsthand knowledge."
- Materiality and intent will be contested. Prosecutors must prove the statements were knowingly and willfully false and material to the committee's work. The affidavit relies on a committee staffer for materiality. The defense has signaled it will challenge probable cause right away.
- Timing is part of the fight. The testimony is three years old, and the charges come 11 days before the Nov. 3 midterm elections. Floris's lawyers call that "no coincidence." The DOJ release does not address the timing.
- Common ground: Both sides say testimony to Congress must be truthful and that the accused get their day in court. Floris's lawyers say they "look forward to Nikki's day in court," and the release says both are "presumed innocent unless and until proven guilty."
- What to watch: a preliminary hearing or grand jury indictment, whether the Committee releases the full interview transcripts, and the source of the "shadow government" remark.
What the Right Says
The conservative and Republican case
Administration officials and House Judiciary Republicans frame the case as accountability for misleading Congress. Pirro said in the release that "when senior FBI agents lie to Congress believing they are above the law, it's time to bring the hammer of justice down on them."
Attorney General Todd Blanche posted that "Allegedly lying to Congress on investigations regarding the 2020 election is blatant corruption and weaponization."
The committee that took the 2023 testimony claimed credit. "Our Committee uncovered their lies. And today the DOJ is holding them accountable," House Judiciary GOP posted. The committee had asked Benavides in June 2023 to sit for a transcribed interview.
Sources & Citations
- U.S. Attorney's Office for the District of Columbia, “Two Former FBI Officials Charged in Lying to Congress about Hunter Biden Investigations”, October 23, 2026.
- U.S. Department of Justice, “Statement of facts in support of criminal complaint, United States v. Floris, No. 1:26-mj-00185 (D.D.C.), Doc. 1-1”, October 20, 2026.
- CourtListener (RECAP), “United States v. Floris, No. 1:26-mj-00185 (D.D.C.), docket”, October 23, 2026.
- House Judiciary Committee, “Letter from Chairman Jim Jordan to Bradley Benavides requesting a transcribed interview”, June 7, 2023.
- X, “U.S. Attorney Jeanine Pirro post on X”, October 23, 2026.
- X, “FBI Director Kash Patel post on X”, October 23, 2026.
- X, “Attorney General Todd Blanche post on X”, October 23, 2026.
- X, “House Judiciary GOP post on X”, October 23, 2026.
- CBS News, “2 ex-FBI officials charged with lying to Congress about Hunter Biden laptop probe”, October 23, 2026.
Positions above are attributed to the public statements and published reporting cited here. Quotations are taken from these sources; Radio Purple does not publish unattributed or invented quotes. See an error? Request a correction.