U.S. Attorney Jeanine Pirro's team acknowledged major errors in a criminal complaint charging former FBI officials Nikki Floris and Bradley Benavides with lying to Congress about Hunter Biden's laptop probe. During a three-day preliminary hearing ending October 29, 2026, testimony revealed that FBI Director Kash Patel personally ordered the investigation, while Magistrate Judge Zia M. Faruqui struck an unsigned complaint and expressed serious concerns regarding political prosecution.
Prosecutorial errors in complaint
- ▪Special Counsel Carlton Davis acknowledged on an October 26, 2026 phone call that U.S. Attorney Jeanine Pirro's team made an error in the criminal complaint against former FBI officials Nikki Floris and Bradley Benavides.
- ▪The initial affidavit in the case against former FBI officials Nikki Floris and Bradley Benavides falsely cited House Judiciary Committee general counsel Steve Castor as present for Benavides' congressional testimony.
- ▪Justice Department prosecutors filed an unsigned superseding complaint against former FBI officials Nikki Floris and Bradley Benavides on October 26, 2026, which Magistrate Judge Zia M. Faruqui struck from the record on October 27, 2026.
- ▪Defense attorneys noted the initial complaint falsely accused former FBI officials of lying in August 2020 about a Senate report that was not released until September 2020.
False statements charges hearing
- ▪Magistrate Judge Zia M. Faruqui conducted a three-day preliminary hearing ending October 29, 2026, regarding probable cause in the false statements case against former FBI officials Nikki Floris and Bradley Benavides.
- ▪FBI Special Agent Bryan Witt testified across three days ending October 29, 2026, about his lead role in the investigation of Nikki Floris and Bradley Benavides.
- ▪Magistrate Judge Zia M. Faruqui announced he would issue a written ruling on November 2, 2026, on whether probable cause exists to proceed against Nikki Floris and Bradley Benavides.
- ▪Former FBI officials Nikki Floris and Bradley Benavides were charged with making false statements to Congress regarding their knowledge of Hunter Biden's laptop investigation
Political prosecution concerns
- ▪Magistrate Judge Zia M. Faruqui criticized Justice Department prosecutors for late-night unsigned filings and skipping direct indictment, warning their conduct raised concerns of political influence.
- ▪FBI Special Agent Bryan Witt testified that FBI Director Kash Patel directed the investigation into former FBI officials Nikki Floris and Bradley Benavides in July 2026.
- ▪Defense attorneys Mary Dohrmann and Ron Safer argued during a hearing that the criminal prosecution of former FBI officials Nikki Floris and Bradley Benavides was politically motivated.
Pirro's standing with Trump
- ▪President Donald Trump publicly criticized U.S. Attorney Jeanine Pirro in August 2026 after her office moved to dismiss charges against Lincoln Memorial Reflecting Pool vandalism suspect David Hearn.
- ▪U.S. Attorney Jeanine Pirro confirmed her office is investigating financial disclosures of Representative Ilhan Omar and announced fraud initiative results to align with White House priorities.
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