WASHINGTON — A top aide to U.S. Attorney Jeanine Pirro said in a phone call Monday evening that prosecutors made a “screw” in a high-profile criminal case against two former FBI officials, an agent investigating the case testified Thursday.
The former officials, Nikki Floris and Bradley Benavides, were initially charged last week with making false statements to Congress about their level of knowledge of an investigation into Hunter Biden’s laptop.
An affidavit attached to the complaint by Special Agent Ryan Witt cited a member of Congress who was present for Floris’s and Benavides’ testimonies – but it turns out the person was only present for Benavides’, Witt testified at a preliminary hearing about whether there was probable cause to charge the two men.
Witt told Magistrate Judge Zia M. Faruqui that he called the congressman on Monday and was later joined by Pirro’s aide, Carlton Davis, and Pirro, the top federal prosecutor in Washington, D.C..
Audio of that conversation was given to Benavides’ attorney, Ron Safer, who read portions of the exchange in court and asked Witt if it was accurate.
At one point, Davis told the staffer, House Judiciary Committee General Counsel Steve Castor, “This is our screw,” and asked for his help in finding someone who had been present for the testimony, Witt confirmed.
Witt added that he still hasn’t been able to speak to anyone present.
Later Monday night, prosecutors filed what they called a superseding criminal complaint and a new affidavit, neither of which was signed by a law enforcement officer or judge. Faruqui rejected the complaint on Tuesday.
On Wednesday, one of the defense attorneys asked Witt whether it was unusual for a case alleging defendants made false statements to use an affidavit containing false statements — a question the judge cut off.
Davis, who is on the special counsel roster in Pirro’s office, was involved in the failed effort to indict six sitting members of Congress for their comments in a social media video in which they urged members of the military not to follow illegal orders. Davis previously worked as a Republican staffer on several committees, including the House Select Committee on Benghazi.
Witt was at the helm for a third day.
He testified Tuesday that he was assigned to the case in July after FBI Director Kash Patel sent a letter ordering the Kansas City, Mo., office to investigate certain people, including Floris.
The move came a day after President Donald Trump delivered a speech in the Oval Office in which he complained that “rogue bureaucrats” had suppressed information about China’s efforts to interfere in the 2020 election, which he falsely claims was “stolen.”
Both Floris and Benavides participated in the FBI’s efforts to secure the election and have long been targets of criticism from Trump’s allies.
Witt said he was unhappy with the mission, in part because “I was concerned it would be seen as political.”
Witt said Wednesday that top FBI officials, including Patel, have been checking on the progress of the case through in-person meetings, video conferences and updates delivered through their special agent in charge. Witt said the FBI’s two deputy directors — Chris Raia and Andrew Bailey, who recently resigned — were involved.
“The evidence in this case speaks for itself as to the effect of this type of pressure on sensitive investigations like this,” Floris’ attorney, Mary Dohrmann, told the judge Thursday.
She said there were also other errors in the affidavit and that some of the false statements her client allegedly made were presented without necessary context.
Safer, Benavides’ lawyer, told Faruqui that in most cases, calling something a political prosecution is a point of discussion, but not in this case.
“This is the price we pay for allowing politics to infect the process,” he said.
The judge said he plans to issue a written ruling Monday morning.
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