FBI skipped key witness interviews as Floris, Benavides defense lawyers seek to poke holes in DOJ case

Judge weighs the allegations

The judge removed a superseding complaint from the record, saying it lacked proper judicial review, but allowed a hearing on the original complaint to continue. Prosecutors brought the case through a criminal complaint rather than a grand jury indictment.

Witnesses and questions challenged

Witt testified that agents did not interview Floris or congressional staff with direct knowledge of the House Judiciary Committee testimony. He also said agents could not interview other committee staff and were instructed to submit written questions.

Defense lawyers argued that the missing interviews raised questions about whether the statements mattered to the congressional inquiry. They also disputed whether the questions put to Floris and Benavides were specific enough to support allegations of false statements.

Floris was asked whether she had been involved in the Hunter Biden “investigation,” without specifying which one. Witt said it was “probably” the Baltimore field office’s criminal investigation, though he acknowledged multiple investigations involving Hunter Biden.

Case origins draw scrutiny

The White House released classified records alongside the speech, including material about Floris’s role in recalling a report concerning alleged fraudulent drivers licenses and mail-in voting. Witt said the inquiry later shifted toward transcripts of Floris and Benavides’s 2023 committee testimony.

Witt said Patel and the FBI deputy director closely monitored the case and that staff routinely updated headquarters. Prosecutor Cory Jacobs argued the case’s origins were not relevant to probable cause, saying those issues could be addressed later.