Defense lawyers seek to poke holes in DOJ’s case against ex-FBI officials over Hunter Biden probe

October 28, 2026 / 5:24 PM EDT / CBS News

A criminal case charging two former FBI counterintelligence officials with lying to Congress that was directed by Director Kash Patel could be in jeopardy, after defense attorneys raised doubts about the strength of the evidence and the motives behind the charges.

In a two-day hearing in federal court in Washington, D.C., lawyers for Nikki Floris and Bradley Benavides grilled FBI agent Bryan Witt about the details of the investigation, including its origins and what evidence the FBI had to assert that the pair willfully lied to the House Judiciary Committee about their role in the bureau's various Hunter Biden investigations.

U.S. Magistrate Judge Zia Faruqui said he wants to review the charging document and go line by line through each of the alleged false statements to see if there is probable cause that a crime was committed.

That review process is expected to take place on Thursday.

On the stand, Witt acknowledged that FBI agents did not interview certain key witnesses — including Floris herself or any congressional staff with direct knowledge about their testimony before the House Judiciary Committee.

Witt told defense attorneys on Tuesday that he feels confident…

Original source: https://www.cbsnews.com/entertainment/