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November 10, 2026
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Federal Judge Orders Evidentiary Hearing for Ex-FBI Chiefs Charged in Laptop Case

Nikki Floris and Bradley Benavides were released on Friday after being indicted for perjury regarding 2023 congressional testimony.

By Kwame Silva ·

Illustration for: Federal Judge Orders Evidentiary Hearing for Ex-FBI Chiefs Charged in Laptop Case
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US Magistrate Judge Zia M. Faruqui scheduled an expedited evidentiary hearing for Tuesday to review the government's case against two former FBI executives. This move comes shortly after the Justice Department indicted Nikki Floris and Bradley Benavides on Friday, alleging they lied to the House Judiciary Committee about their roles in the Hunter Biden laptop investigation. Both defendants appeared before the court and were released into their own custody.

The indictment accuses the pair of intentionally withholding information during 2023 depositions. Floris, who formerly led the intelligence division in the Washington field office, denied any involvement in the probe. However, an affidavit states she maintained frequent communication with the case team for over a year and coordinated the bureau's real-time response to media reports regarding the device. Benavides, a former deputy assistant director for counterintelligence, testified that he learned of the laptop only through a Wikipedia entry. The affidavit counters that he was in constant communication about the device over several days.

US Attorney Jeanine Pirro stated that the defendants undermined the institutions they served. She characterized the charges as a necessary response to senior agents who acted as if they were above the law. Pirro noted that lying to Congress strikes at the core of the democratic system. If convicted on the perjury counts, each defendant faces a maximum prison sentence of five years.

Defense attorneys challenged the timing and substance of the prosecution. Floris's lawyers argued the case rests on political claims rather than facts, calling the charges nonsense filed on the eve of an election. Ron Safer, representing Benavides, asked the court to scrutinize whether the government had sufficient evidence against two long-serving public servants. A member of the Judiciary Committee said the testimony influenced the investigation by blocking follow-up interviews and subpoenas.

Judge Faruqui questioned the materiality of the statements given that the testimony occurred more than three years before the indictment. He acknowledged the defendants' strong law enforcement records and their desire to clear their names. He granted the defense's request for a hearing to weigh the evidence, a step he described as rare for defendants who have been released.

The laptop became a political flashpoint after a computer shop owner handed it to the FBI in 2019, claiming Hunter Biden had left it behind. The owner told the Washington Post he turned the device over to authorities after reviewing some of its contents. Republicans view the laptop as evidence of corruption, while Democrats characterize it as part of a conspiracy against the former president.

The prosecution aligns with a wave of personnel changes at the FBI under President Donald Trump. Many agents who investigated the president have been dismissed from the bureau. Some former staff cite their work on Trump-related investigations as the reason for their departures, while others point to a lack of demonstrated loyalty.

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