Two former FBI officials are charged with lying to Congress about Hunter Biden probes, less than two weeks before the midterms

What happened

Two former senior FBI officials, Nikki Floris, 46, and Bradley Benavides, 56, were charged Friday with one count each of making false statements to Congress, according to CBS News and NPR. The charges stem from their 2023 testimony to the House Judiciary Committee about the bureau's investigations of Hunter Biden and his laptop ahead of the 2020 presidential election.

NPR reported that both turned themselves in and made their first court appearance Friday morning in Washington, D.C. Both held top posts on the FBI's Foreign Influence Task Force, which the Associated Press, via PBS NewsHour, said was set up to counter foreign election interference and was disbanded in February 2025 by then-Attorney General Pam Bondi.

What the complaint alleges

According to CBS News, a statement of facts prepared by the FBI says Floris made false statements to Congress on July 19, 2023, and Benavides did so that September. The complaint alleges both had oversight roles in the Hunter Biden probes and took part in classified briefings on the case hosted by the task force.

Claims about Floris

CBS News reported that Floris served as deputy assistant director of the task force from mid-2019 through mid-2022. The complaint cites an exchange in which she was asked whether she had any involvement in the Hunter Biden investigation and answered, "I did not." Prosecutors allege she was in frequent contact with the case team for over a year.

Claims about Benavides

Benavides served as the task force's section chief from mid-2019 through the 2020 election, CBS News reported. The complaint says he told congressional investigators he learned some details about the laptop investigation from Wikipedia while preparing for his interview. An FBI employee later told investigators he had personally discussed the laptop with Benavides.

The 'Round River' operation

The complaint centers on a task force counterintelligence operation called "Round River," which CBS News said focused on collecting informant reporting on Hunter Biden to flag it as Russian disinformation. It also alleges the two helped prepare a script for defensive briefings given to Sens. Charles Grassley and Ron Johnson on Aug. 6, 2020.

Why the timing and method drew questions

Prosecutors filed the case by criminal complaint, meaning they have not yet obtained a grand jury indictment, NPR and the AP reported. The AP noted that complaints are more often used when there is an urgent need to take someone into custody, and that the case came less than two weeks before the Nov. 3 midterm elections.

The judge's response

U.S. Magistrate Judge Zia Faruqui said it is "rare that we have charges this old coming in this nature," the AP reported. NPR reported he noted both defendants have "sparkling backgrounds" in federal law enforcement. Over prosecutors' objections, he rejected a delay of two weeks or more and set a preliminary hearing for Tuesday, calling the case a "Sword of Damocles" over the defendants.

Who is prosecuting

CBS News reported that James Kirkpatrick, a special assistant U.S. attorney who came from the Western District of Missouri, spoke for the government in court. U.S. Attorney Jeanine Pirro said on X that the pair "allegedly lied to Congress about their roles in the FBI's Hunter Biden investigations." FBI Director Kash Patel said, "No one is above the law."

What the defense says

Floris' attorneys called her "a patriot" and said the charges were filed "on the eve of an election," according to the AP. Lawyers for Benavides called the complaint "transparently political" and said the charges are "a disgrace." Benavides attorney Ron Safer told the court the government has had the information "for years," CBS News reported.

The AP placed the case among several recent Justice Department moves with political undertones, including a search of Democratic Rep. Ilhan Omar's home and a corruption indictment against Virginia state Sen. L. Louise Lucas. More national coverage is in our Nation section.

What to watch next

• A preliminary hearing set for Tuesday in federal court in Washington, where the judge will review whether there is probable cause for the charges.
• Whether prosecutors seek and obtain a grand jury indictment, since the case was filed only by criminal complaint.
• How the case proceeds as the Nov. 3 elections approach, given the timing questions raised in court.