Former FBI Officials Charged With Lying to Congress About Hunter Biden

Two former FBI officials, Nikki Floris and Bradley Benavides, surrendered to authorities Friday, October 23, 2026, after being charged with allegedly lying to Congress about their involvement in the FBI's investigations into Hunter Biden, according to U.S. Attorney for the District of Columbia Jeanine Pirro and NBC News. Attorneys for both former officials deny the allegations and argue that the charges are politically motivated.

• Each faces one count of making false statements to Congress, a rarely prosecuted offense that can be difficult to prove, according to NBC News.
• Federal prosecutors allege that both officials provided false information to the House Judiciary Committee in 2023.
• Defense attorneys describe the charges as politically motivated and question their timing, less than two weeks before the November 3, 2026, midterm elections.

Why it matters: The case raises competing questions about accountability and the potential politicization of federal law enforcement. Prosecutors argue that providing false statements to Congress is a serious crime that must have consequences. Defense attorneys maintain that the allegations are unfounded and politically motivated, particularly given their proximity to the midterm elections. According to NBC News, both former officials have previously faced criticism from allies of President Donald Trump. Floris and Benavides are presumed innocent unless proven guilty in court.

What Are the Former FBI Officials Being Charged With?

According to federal court records (case 1:26-mj-00185), the criminal complaint was filed under seal on October 20 and made public on October 23. Floris, 46, of Alexandria, Virginia, previously served as a deputy assistant director in the FBI's Counterintelligence Division. Benavides, 56, of Aiken, South Carolina, also held a senior FBI position, according to NBC News and The Center Square.

In 2019, both held leadership roles in the FBI's now-disbanded Foreign Influence Task Force (FITF), which was responsible for addressing foreign influence operations, particularly those involving Russia, ahead of the 2020 presidential election, according to The Center Square.

What Do Federal Prosecutors Say About the Investigation?

An FBI agent's sworn affidavit alleges that Floris, during an interview on July 19, 2023, and Benavides, during an interview on September 28, 2023, knowingly and willfully made false statements to the House Judiciary Committee about their knowledge of and involvement in investigations concerning Hunter Biden. Prosecutors argue that documents, communications, and witness testimony contradict their statements and that the alleged misrepresentations were intended to conceal the FITF's involvement and obstruct the congressional investigation.

The affidavit alleges that Floris participated in an informal FITF initiative known as "Round River," which monitored developments involving Hunter Biden, despite statements suggesting otherwise. Regarding Benavides, prosecutors allege that he participated in FBI communications concerning Hunter Biden's laptop and responses to congressional inquiries, contradicting his statement that he first learned the FBI possessed the laptop through Wikipedia, according to The Center Square.

The Dispute Index, which reviewed the affidavit, noted that some of the statements cited by prosecutors contained qualifications, including Floris' "At least not to me" and Benavides' "I have no direct knowledge of that." Other responses, such as Benavides' "Absolutely not," were more categorical.

In a statement Friday, October 23, Pirro argued that lying to Congress undermines the democratic system and that senior FBI officials who knowingly mislead lawmakers must be held accountable. She emphasized that no one is above the law.

How Are Nikki Floris and Bradley Benavides Responding to the Charges?

Floris' attorneys, Margaret Donovan, Chris Mattei, Mary Dohrmann, and Kyle R. Freeny, described their client as "a patriot" who spent nearly 20 years serving as an FBI intelligence officer. They accused prosecutors of attempting to advance a false narrative for political gain. According to NBC News, they argued that the Justice Department had based its allegations on political claims rather than facts and questioned why the charges were brought years after the testimony, just before an election.

Benavides' attorney, Ronald S. Safer, described the prosecution as "a disgrace." He emphasized his client's two decades of work protecting Americans from terrorism and foreign intelligence threats, characterizing the charges as baseless and politically motivated. He maintained that the facts would emerge during the legal proceedings.

Background: The FBI's Hunter Biden Investigation

According to The Center Square, the FBI began investigating Hunter Biden in late 2018 and obtained his laptop in December 2019. Republican members of the House Judiciary Committee subsequently examined aspects of the investigation. NBC News reported that Hunter Biden was convicted of federal gun offenses and pleaded guilty to tax charges before receiving a pardon from his father, former President Joe Biden, shortly before he left office. Read more about Joe Biden's pardon of his son.

What Happens Next?

The case of the former FBI officials being charged now proceeds through federal court in Washington, D.C., where the next stages of the criminal proceedings will be determined. Floris and Benavides remain presumed innocent, and prosecutors must prove the allegations beyond a reasonable doubt. Because false-statement charges can be difficult to establish, according to NBC News, the proceedings may focus on whether the officials' statements were knowingly and materially false or whether their responses were qualified or subject to interpretation, as The Dispute Index has noted. The case continues to attract attention as the November 3 midterm elections approach.

Sources: Sworn statement, U.S. Attorney's Office for the District of Columbia (case 1:26-mj-00185); The Center Square; NBC News; The Dispute Index. Data consulted on October 26, 2026.