Prosecutors Admit 'F: up' in FBI Officials' Case After Staffing Error

Two former FBI officials, Nikki Floris and Bradley Benavides, face a criminal case that has already suffered a major procedural setback due to an admission of error by their prosecutors. Special Agent Ryan Witt testified Thursday that a top aide in the U.S. Attorney’s office acknowledged a mistake in the affidavit used to support the charges.

The pair was charged last week with making false statements to Congress regarding their knowledge of the Hunter Biden laptop investigation. The initial complaint relied on a sworn affidavit from Witt, which claimed a congressional staffer was present for both Floris’ and Benavides’ testimony. Witt told Magistrate Judge Zia M. Faruqui that the staffer was only present for Benavides’ session. On Monday, Witt called the staffer, Steve Castor, and was joined on the line by U.S. Attorney Jeanine Pirro and her aide, Carlton Davis.

During that phone call, Davis told Castor, “This is our f, up,” and asked for help identifying a correct witness. Witt confirmed he has not yet spoken to anyone who was present for Floris’ testimony. Prosecutors subsequently filed a new complaint and affidavit on Monday night, but neither document was signed by a law enforcement officer or a judge. Judge Faruqui rejected the new complaint on Tuesday.

Defense attorneys pointed to the error as evidence of deeper issues in the case. Ron Safer, representing Benavides, noted that while political prosecution is often a rhetorical claim, it applies here. “That is the price we pay to allow politics to infect the process,” Safer told the court. Mary Dohrmann, Floris’ attorney, stated that other mistakes exist in the original affidavit and that her client’s statements were presented without necessary context. She added, “The evidence in this case speaks for itself [as] to the effect that kind of pressure has on sensitive investigations like this one.”

Witt testified that he was assigned to the case in July after FBI Director Kash Patel directed the Kansas City office to investigate Floris and others. Patel’s order came a day after President Donald Trump complained in an Oval Office address about “rogue bureaucrats” suppressing information on the 2020 election. Witt said he was unhappy with the assignment because he worried it would 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 updates. Bailey recently resigned from his post.

Carlton Davis, who is listed as special counsel in Pirro’s office, has a history of involvement in high-profile legal efforts. He previously worked as a Republican staffer on several committees, including the House Select Committee on Benghazi. He was also involved in a failed attempt to indict six sitting members of Congress over their comments in a social media video urging the military not to follow illegal orders.

The preliminary hearing is in its third day. Judge Faruqui said he plans to issue a written ruling on the probable cause determination by Monday morning.