Prosecutors Admit Error in Case Against Former FBI Officials

Two former FBI officials face a delayed legal battle after prosecutors admitted to a factual error in their case against them. Special Agent Ryan Witt testified Thursday that a top aide to U.S. Attorney Jeanine Pirro acknowledged the mistake in a phone call. The error concerns which congressional staff member was present during the testimony of Nikki Floris and Bradley Benavides.

Floris and Benavides were charged last week with making false statements to Congress regarding their knowledge of an investigation into Hunter Biden’s laptop. The original criminal complaint included a sworn affidavit from Witt. That document claimed a specific congressional staffer was present for both officials' testimony. Witt testified that he later discovered the staffer was only present for Benavides’ session.

Witt told Magistrate Judge Zia M. Faruqui that he called the staffer, Steve Castor, on Monday. Pirro and her aide, Carlton Davis, joined the call. Davis told Castor that the error was a "f, up" and asked for help finding the correct witness. Witt confirmed that he had not yet spoken to anyone who was actually present for both sessions.

Prosecutors filed a superseding complaint and a new affidavit late Monday night. Neither document was signed by a law enforcement officer or judge. Judge Faruqui rejected the new complaint on Tuesday. The defense attorneys argued that the original affidavit contained false statements, a point they raised during Wednesday's hearing.

Davis, a special counsel in Pirro’s office, previously worked as a Republican staffer on the House Select Committee on Benghazi. He was also involved in an earlier effort to indict six sitting members of Congress. Witt stated that he was assigned to the case in July following a directive from FBI Director Kash Patel. The directive came one day after President Donald Trump criticized "rogue bureaucrats" in an Oval Office address.

Witt expressed concern that the case might be viewed as political. He noted that top FBI leadership, including Patel and deputy directors Chris Raia and Andrew Bailey, monitored progress through meetings and videoconferences. Floris’ attorney, Mary Dohrmann, told the judge that the evidence shows the effect of pressure on sensitive investigations. She also noted that some alleged false statements by Floris lacked necessary context.

Benavides’ attorney, Ron Safer, argued that while political prosecution is often a talking point, this case is an exception. He described the situation as the price paid when politics infects the legal process. Judge Faruqui scheduled a written ruling for Monday morning.

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