Pirro aides admit error in FBI case

Prosecutors in Washington, D.C., admitted to a major error in a case against two former FBI officials after a special agent testified that a top aide called the blunder a mistake. The admission came during a preliminary hearing on October 29, where agents reviewed the basis for charging Nikki Floris and Bradley Benavides with making false statements to Congress.

Special Agent Ryan Witt told Magistrate Judge Zia M. Faruqui that he called a congressional staffer on Monday to verify testimony details. Pirro aide Carlton Davis joined the call and told the staffer, "This is our f, up," according to audio played in court. Davis asked the staffer to help find a witness who had been present for both Floris and Benavides' testimony.

The original affidavit claimed a single congressional staffer was present for both sessions. Witt said he has not yet spoken to anyone who witnessed both appearances. The discrepancy forced prosecutors to file a superseding complaint on Monday night, but the new document lacked signatures from a law enforcement officer or judge. Judge Faruqui rejected the new filing on Tuesday.

Witt testified that he was assigned to the case in July after FBI Director Kash Patel directed the Kansas City office to investigate Floris. Witt described the assignment as politically sensitive, noting he had concerns about how it would be viewed. He said senior FBI leadership, including Patel and both deputy directors, monitored the case's progress through regular updates.

Defense attorneys argued the affidavit contained other inaccuracies and stripped context from the alleged false statements. Mary Dohrmann, representing Floris, told the judge that the evidence shows how pressure affects sensitive investigations. Ron Safer, representing Benavides, stated that allowing politics to infect the process comes at a cost to the legal system.

The case stems from allegations that Floris and Benavides lied about their knowledge of an investigation into Hunter Biden's laptop. Both officials were involved in FBI election security efforts and have faced criticism from allies of President Donald Trump. Trump previously claimed that "rogue bureaucrats" suppressed information about China's interference in the 2020 election.

Judge Faruqui plans to issue a written ruling on the probable cause hearing by Monday morning. The decision will determine whether the case proceeds to a formal indictment.