By Salma El-Sakka
Attorneys for two former FBI agents charged with lying to Congress about investigations into Hunter Biden returned to court Wednesday seeking dismissal of the case, citing insufficient evidence and alleged prosecutorial misconduct.
Judge criticizes prosecutors' conduct
During a marathon hearing Tuesday, Magistrate Judge Zia Faruqui struck a superseding complaint from the record because it lacked proper judicial signoff. Faruqui said the government's "inappropriate" actions were "throwing enormous amounts of gasoline onto this fire," bolstering defense arguments that the charges against former agents Nikki Floris and Brian Benavides are politically motivated.
Origins of the investigation
Under cross-examination, FBI agent Bryan Witt, who investigated Floris and Benavides, testified that the case originated from President Donald Trump's July speech about unverified election fraud claims. Witt said FBI Director Kash Patel personally assigned the investigation of a list of former agents, including Floris and Benavides, to the FBI's Kansas City field office, with regular check-ins from FBI leadership.
Charges stem from laptop probe
The Justice Department charged Floris and Benavides on Friday with making false statements to Congress related to a probe into whether investigators sought to suppress or discredit material from Hunter Biden's laptop before the 2020 election. Hunter Biden pleaded guilty to felony federal tax charges in Los Angeles on September 5, 2024.
Judge questions presidential involvement
At Wednesday's hearing, a DOJ attorney objected to questioning about Trump and Patel's role in initiating the investigation. Judge Faruqui appeared skeptical, noting it is "not typical that the president of the United States says go investigate people," and said the testimony is relevant to determining probable cause for the charges.
