U.S. Attorney Jeanine Pirro’s team acknowledged screwup in case against former FBI officials

U.S. Attorney Jeanine Pirro’s legal team admitted to a significant error in a high-profile criminal case against two former Federal Bureau of Investigation officials during a telephone conference, according to testimony given by a special agent. The admission emerged during a preliminary hearing before Magistrate Judge Zia M. Faruqui to determine if probable cause exists for the charges. Nikki Floris and Bradley Benavides face allegations of making false statements to Congress regarding their knowledge of an investigation into Hunter Biden’s laptop. They were originally charged last week based on a sworn affidavit submitted by Special Agent Ryan Witt. During Thursday’s proceedings, Witt revealed that the affidavit incorrectly identified a congressional staffer as being present for both defendants’ testimonies. In reality, the individual was only present for Benavides’ session. Witt stated that he contacted the staffer, Steve Castor, the general counsel for the House Judiciary Committee, on Monday. Pirro and her aide, Carlton Davis, joined the call. Audio of this exchange was played in court. Davis explicitly referred to the situation as a mistake and requested assistance locating a witness who had actually attended Floris’ testimony. Witt confirmed he has yet to speak with such a person. Prosecutors subsequently filed a superseding complaint and a new affidavit late Monday, neither of which bore the signature of a law enforcement officer or judge. Judge Faruqui rejected the new complaint on Tuesday. Floris’ attorney, Mary Dohrmann, argued that the evidence demonstrates how external pressure affects sensitive investigations. She noted additional errors in the initial affidavit and claimed that quotes attributed to her client lacked necessary context. Benavides’ lawyer, Ron Safer, described the proceeding as a political prosecution intended to appease President Donald Trump. He stated that allowing politics to influence the legal process carries a cost. Witt testified that he assumed responsibility for the case in July following a directive from FBI Director Kash Patel. This order instructed the Kansas City field office to investigate specific individuals, including Floris. The directive arrived one day after Trump addressed the nation from the Oval Office, criticizing "rogue bureaucrats" for suppressing information about Chinese interference in the 2020 election. Both Floris and Benavides participated in FBI election security efforts and have faced criticism from Trump supporters. Witt expressed discomfort with the assignment, citing concerns that it might appear political. He further testified that senior FBI leadership, including Patel and Deputy Directors Chris Raia and Andrew Bailey, monitored the case's progress through meetings and updates. Bailey recently resigned from his position. Davis, listed as special counsel in Pirro’s office, previously served as a Republican staffer on the House Select Committee on Benghazi. He was also involved in a failed attempt to indict six sitting members of Congress over social media comments urging military personnel not to follow illegal orders. Judge Faruqui indicated he intends to issue a written ruling on the probable cause motion on Monday morning. The defense continues to press for the dismissal of the charges.