Former FBI Official Breaks Down in Tears Outside Court During Preliminary Hearing Over Alleged Lies to Congress About Hunter Biden Laptop Scandal
Nikki Floris is the target of a DOJ investigation.
Oct. 28 2026, Published 3:00 p.m. ET
Former FBI official Nikki Floris broke down in tears outside a federal courtroom over alleged lies to Congress, RadarOnline.com can reveal.
Floris is the subject of a preliminary hearing as the Department of Justice alleges she and fellow ex-FBI official Bradley Benavides previously lied to Congress and suppressed information regarding Hunter Biden's laptop.
FBI Agent Weeps Outside Courtroom
Former FBI official Nikki Floris allegedly became emotional during a hearing about probable cause.
In the courthouse hallway, during a break, Floris was reportedly spotted weeping. While working on the FBI's Foreign Influence Task Force (FITF), Flores and Benavides previously claimed to Congress they had no knowledge of Hunter's computer.
The hearing itself was not meant to determine guilt. Instead, the hearing focused on whether or not prosecutors had enough evidence, probable cause, to proceed with the criminal proceedings.
After Floris reportedly was caught crying during a break, the proceedings continued with a full day of testimony. Ultimately, United States Magistrate Zia Faruqui did not make an immediate ruling.
FBI Director Kash Patel said in a statement, "Nikki Floris and Bradley Benavides were taken into custody – charged with allegedly lying to Congress in 2023 on matters regarding investigations related to the 2020 election. One of these individuals is on record privately claiming to be ‘running a shadow government’ during the 2020 election.
"As we've said repeatedly: weaponization will never be tolerated at this FBI. We have already dismantled the corrupt CR-15 squad that engaged in political weaponization targeting their opponents, including President Trump – and anyone who abuses their position of public trust will be held accountable."
Hunter Biden's Laptop Scandal at Center of DOJ Hearing
The FBI agents are accused of lying to Congress about their knowledge of Hunter Biden's laptop.
The DOJ alleged the FBI agents attempted to bury the laptop leak, allegedly spreading a false claim to the press that the content on the laptop was actually disinformation from Russia.
Previously, Benavides claimed he learned about the details of Hunter's laptop through Wikipedia after the contents were leaked to the public.
FBI Special Agent Bryan Witt, a government witness, told the court he didn't believe them. He told Benavides' attorney, Ron Safer, "It'd be common sense to remember that stuff."
Prosecutors cited internal FBI messages in which other bureau employees expressed Floris and Benavides discussed the laptop before the 2020 election. As part of the supporting documents, prosecutors turned to emails and testimony from those individuals.
According to prosecutors, Benavides' previous testimony to Congress was contradictory to the "tangible" evidence. However, the government also conceded they lacked direct evidence to prove Benavides' claim was false in an intentional manner.
They were charged with making false statements in a matter within the jurisdiction of the legislative branch. Floris and Benavides surrendered themselves to authorities, but deny wrongdoing.
Judge Throws Out Last Minute Addition
United States Magistrate Zia Faruqui did not make a decision regarding probable cause.
Despite not yet deciding whether probable cause was present to proceed, Faruqui did make a move to strike down a last-minute superseding complaint, which was filed in the middle of the night. The tossed addition attempted to tack on a new obstruction of justice charge onto Floris and Benavides' case.
Faruqui took issue with the procedural abnormality, arguing that permitting such an addition could "upend the entire history of how we charge cases." The judge claimed the prosecutors appeared "afraid" the jurist was "not going to find probable cause," alleging they merely attempted to tack on another charge as a form of assurance.
FBI Investigator Claims Charges Aren't 'Political'
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Floris' attorney claimed the DOJ was turning the case into a 'witch hunt.'
Floris' attorney, Margaret Donovan, alleged Witt's own testimony attempted to turn the investigation into a "witch hunt."
She speculated his involvement was a directive from Trump. Donovan pointed to a speech the president made the night before Witt's assignment to the case, where he alluded to Floris and Benavides.
Further, the attorney claimed both former FBI agents were mentioned by name in a letter from the president. In the letter, Trump reportedly directed the FBI to conduct an investigation. FBI Director Patel subsequently assigned Witt to the case
However, Witt denied the investigation was "political," but admitted it was "unusual" in nature.
