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Ex-FBI officials seek dismissal of Hunter Biden-related charges

Lawyers for former FBI officials Nikki Floris and Bradley Benavides asked a magistrate to dismiss false-statement charges tied to congressional testimony on Hunter Biden probes, after the judge criticized prosecutors.

What's new
  1. New headline Was: “Judge criticizes DOJ in case of ex-FBI officials on Biden probes”
  2. Our desk updated its story
  3. Our desk filed its story
  4. New headline Was: “Judge criticizes DOJ in case of ex-FBI officials on Biden probes”
  5. ABC7 Los Angeles, ABC30 and 8 more are now reporting this
3 earlier updates
  1. New headline Was: “Judge questions DOJ complaint against ex-FBI officials in laptop case”
  2. Our desk updated its story
  3. CBS News and Reuters are now reporting this

Lawyers for two former FBI officials charged with lying to Congress about Hunter Biden investigations asked a magistrate judge on Wednesday to dismiss the case, ABC News reported1.

Nikki Floris and Bradley Benavides are accused in a complaint made public last Friday of making false statements to the House Judiciary Committee in 2023 about work on probes involving then-President Joe Biden's son1,2. They have argued the prosecution is politically motivated1.

On Tuesday, Magistrate Judge Zia Faruqui in Washington struck a superseding complaint that prosecutors filed overnight, saying it lacked proper judicial approval, and refused to treat it as adding an obstruction charge1,2. Faruqui told prosecutors their actions raised concern that defense claims of improper motive had force1. CBS News reported he still allowed proceedings on the original complaint to continue3.

ABC News said FBI agent Bryan Witt, under cross-examination, testified that FBI Director Kash Patel assigned the investigation of a list of former agents, including the defendants, to the Kansas City field office after a July speech by President Donald Trump1. CNBC identified the prosecutors as working in the office of D.C. U.S. Attorney Jeanine Pirro2.

Whether Faruqui will dismiss the original charges, and how the Justice Department will proceed, had not been decided in the reports1,3.

Sources

  1. ABC NewsEx-FBI agents fighting charges accusing them of lying about Hunter Biden probe
  2. CNBCJudge blasts prosecutors in case against former FBI officials
  3. CBS NewsDefense lawyers seek to poke holes in DOJ's case against ex-FBI officials over Hunter Biden probe

How it’s being reported

3 sources

First reported by CNBCCNBC

Where they agree

  • Superseding complaint was not accepted
  • Original false-statement case continues
  • Defendants are Floris and Benavides

Where they differ

Whether the case is a lawful false-statement prosecution or political retaliation

Side by side

Each outlet's article broken down by our newsroom, in our own words. To read what they wrote, use the button under each one.

ABC NewsABC News

Ex-FBI agents fighting charges accusing them of lying about Hunter Biden probe

Hearing and FBI Director Kash Patel assignment.

ABC reports a Wednesday dismissal push after Judge Faruqui struck a superseding complaint and an FBI agent described the case's origin.

Hearing and FBI Director Kash Patel assignment.

What it reports

  • Attorneys sought immediate dismissal citing lack of evidence and alleged misconduct.
  • Magistrate Judge Zia Faruqui struck a superseding complaint that lacked proper judicial signoff.
  • FBI agent Bryan Witt said Director Kash Patel assigned the investigation after a July speech by President Trump.
CNBCCNBC

Judge blasts prosecutors in case against former FBI officials

Procedural defect in the new complaint.

CNBC details Tuesday's hearing: Faruqui refused to bless an unsigned overnight superseding complaint adding obstruction.

Procedural defect in the new complaint.

What it reports

  • Prosecutors in D.C. U.S. Attorney Jeanine Pirro's office filed a superseding complaint overnight without the judge's signature.
  • The new filing sought to add obstruction against Floris and Benavides.
  • Faruqui asked why charging practice had changed for this case.
  • The original complaint, made public Friday, accuses them of false statements to the House Judiciary Committee in 2023.