# FBI case against ex-officials over Hunter Biden probe wobbles in court

> Defense lawyers poke holes in DOJ charges that two former FBI counterintelligence officials lied to Congress, raising questions about evidence and the investigation's origins.
- Title: FBI case against ex-officials over Hunter Biden probe wobbles…
- Summary: Defense lawyers poke holes in DOJ charges that two former FBI counterintelligence officials lied to Congress, raising questions about evidence and the…
- Keywords: nikki floris, bradley benavides, hunter biden investigation, fbi, false statements charge, house judiciary committee, kash patel, federal court, news, case, against, ex-officials
- Source: CBS News — https://cbsnews.com/news/defense-lawyers-doj-case-ex-fbi-officials-hunter-biden
- Author: Sarah N. Lynch
- Published: 2026-10-28T21:24:05+00:00
- Read time: 2 min
- Topics: nikki floris, bradley benavides, hunter biden investigation, fbi, false statements charge, house judiciary committee, kash patel, federal court, news
## Two ex-FBI officials face lying charges
Nikki Floris and Bradley Benavides are charged with lying to the House Judiciary Committee about their role in the FBI's Hunter Biden investigations. The case was directed by FBI Director Kash Patel.
## Defense lawyers challenge the evidence
In a two-day hearing in federal court in Washington, D.C., lawyers for Floris and Benavides grilled FBI agent Bryan Witt about the investigation's origins and what evidence supports the lying charges.
## Judge to review probable cause
U.S. Magistrate Judge Zia Faruqui said he wants to review the charging document line by line through each alleged false statement to see if probable cause exists that a crime was committed.
## Key witnesses were never interviewed
On the stand, Witt acknowledged that FBI agents did not interview Floris herself or any congressional staff with direct knowledge about their testimony before the House Judiciary Committee.
## Questions lacked specificity
Defense lawyers noted that when Floris was asked about the Hunter Biden investigation, the questioner did not specify which investigation, even though Witt acknowledged there were multiple different criminal and counterintelligence investigations.

> For her to give a false statement, you need to have an understanding of what the question is that she was responding to.
## Procedural irregularities in the case
Prosecutors charged the pair in a criminal complaint rather than securing a grand jury indictment.
## Patel directed the investigation
Witt acknowledged that Patel told his supervisor in the Kansas City field office to open the investigation just one day after President Trump gave a televised speech directing the Justice Department to look at an…
## Investigation shifted from original focus
Witt testified he was initially directed to investigate whether the former FBI officials suppressed evidence about China.
## Judge to rule on probable cause Thursday
The magistrate judge said the review process is expected to take place on Thursday. Prosecutors argued the investigation's origins were not relevant to a probable cause finding and could be raised at a later time.
## Key takeaway

A federal judge said he will review whether probable cause exists that two ex-FBI officials lied to Congress about the Hunter Biden investigation, after defense lawyers challenged the strength of the government's case.