DOJ Charges Two Ex-FBI Officials With Lying to Congress on Hunter Biden Probe

Key points

• Nikki Floris, former deputy assistant director of the FBI's Counterintelligence Division, and Bradley Benavides, a former section chief, were charged with one count each of lying to Congress.
• The criminal complaint alleges they falsely denied involvement in the FBI's Hunter Biden investigations and the Foreign Influence Task Force during 2023 testimony.
• The case was unsealed on Friday, October 23, 2026, approximately two weeks before the midterm elections.
• Magistrate Judge Zia Faruqui described the charging method as 'strange' and rejected a request to delay a preliminary hearing, ordering the parties to return on Tuesday.
• Defense attorneys for Floris stated she is a 'patriot' and that the charges are a 'false narrative' designed for political points.

Background

This development follows a broader pattern of legal actions against former FBI personnel under the current administration. In September 2026, nine former FBI agents sued the Trump administration over retaliatory firings related to the classified documents probe. Additionally, Hunter Biden was previously investigated, convicted of gun and tax crimes, and pardoned by his father, former President Joe Biden, shortly before leaving office. The current charges target officials who were frequently criticized by Trump allies for their handling of intelligence reports and election security matters.

How outlets are covering it

NBC News and CBS News both report on the charges but emphasize different aspects. NBC highlights the political context, noting that Floris and Benavides were frequent targets of criticism from Trump allies and that the charges come amid a broader political climate. CBS News focuses more on the procedural and legal anomalies, detailing the magistrate judge's skepticism about the timing and the unusual nature of charging individuals for conduct that occurred years ago. Both sources cite defense statements claiming the charges are politically motivated, but CBS provides more detail on the specific false statements alleged in the complaint, such as Floris denying any involvement in the Hunter Biden investigation and Benavides claiming he only learned about the case from Wikipedia.

Why it matters

The case raises significant questions about the politicization of the Department of Justice and the FBI, particularly given its timing just before the midterm elections. It could set a precedent for how the administration handles former officials who are critical of its actions or who are perceived as opposing its narrative. The outcome may influence public trust in the integrity of federal law enforcement and the independence of the judiciary.

What to watch

A preliminary hearing is scheduled for Tuesday, October 27, 2026, where the magistrate judge will review whether there is adequate probable cause for the charges. The defense is expected to argue that the charges are politically motivated and lack factual basis. The case may also face scrutiny from federal grand jurors, who have previously been skeptical of cases brought during the current administration.