By Ahmed Abdelsalam
U.S. Attorney Jeanine Pirro’s office acknowledged a significant error in a high-profile criminal case against two former FBI officials, leading a magistrate judge to dismiss the complaint this week.
Prosecutors Concede Flawed Affidavit
During a preliminary hearing Thursday, FBI Special Agent Ryan Witt testified that a congressional staffer cited in the original affidavit was present only for Bradley Benavides’ testimony, not for Nikki Floris’ as claimed. Witt said he discovered the mistake during a Monday call with House Judiciary Committee general counsel Steve Castor, joined by Pirro aide Carlton Davis and Pirro herself. Davis reportedly told Castor, “This is our f---up,” and sought help locating a witness who had attended both sessions.
Complaint Dismissed, New Filing Rejected
Prosecutors filed a superseding criminal complaint and new affidavit Monday night, neither signed by a law enforcement officer or judge. Magistrate Judge Zia M. Faruqui tossed the complaint on Tuesday. Defense attorneys highlighted the irony of a false-statements case relying on an affidavit containing false statements, though the judge cut off that line of questioning.
Political Pressure Alleged
Witt testified he was assigned the case in July after FBI Director Kash Patel directed the Kansas City office to investigate certain individuals, including Floris, a day after President Donald Trump complained about “rogue bureaucrats” suppressing information about Chinese election interference. Witt said he had concerns the investigation would be viewed as political. He added that top FBI officials, including Deputy Directors Chris Raia and Andrew Bailey, monitored the case closely.
Defense Argues Political Prosecution
Floris’ attorney Mary Dohrmann said the evidence shows the effect of political pressure on sensitive investigations. Benavides’ attorney Ron Safer told the judge that while claims of political prosecution are often talking points, “that is the price we pay to allow politics to infect the process.” Faruqui plans to issue a written ruling Monday.
