By Basant El-Faramawy
Two former FBI officials charged with lying to Congress about their involvement in investigations related to Hunter Biden asked a federal judge on Thursday to throw out the criminal complaint, arguing the prosecution is politically motivated to satisfy President Donald Trump.
Defense Alleges Political Motivation
Lawyers for Nikki Floris and Bradley Benavides spent days at a hearing portraying the case as legally flawed and politically contaminated. Attorney Mary Dohrmann told the court that a political prosecution makes for a shaky foundation for a criminal case. The charges are among a series of high-profile Justice Department actions filed ahead of the midterm elections.
FBI Director's Role Highlighted
Testimony revealed that FBI Director Kash Patel ordered the investigation and took an unusual interest, requesting regular updates. Special agent Bryan Witt, who investigated the case, described it as a "huge distraction" and acknowledged it could be seen as political. Witt said the FBI was directed to investigate Floris after a July primetime speech by Trump amplifying debunked theories about his 2020 election loss.
Laptop Background and Task Force
The Justice Department alleges Hunter Biden dropped off a laptop at a repair shop in 2019, which became public a year later. Floris and Benavides are accused of downplaying their knowledge of the laptop during 2023 testimony before the House Judiciary Committee. Prosecutor James Kirkpatrick argued the officials had a motive to minimize what they knew because Joe Biden was president at the time. Both led a since-disbanded FBI task force monitoring foreign election influence, which Kirkpatrick said failed to correct a narrative that the laptop might be Russian disinformation.
Judge Delays Ruling
U.S. Magistrate Judge Zia Faruqui did not immediately rule on the dismissal request. A dismissal would not prevent the Justice Department from seeking an indictment, though grand juries in Washington have repeatedly refused to approve charges in politically sensitive cases. Even if the complaint stands, prosecutors would still need a grand jury indictment for the case to proceed.
