Full Breakdown
Revised FBI Affidavit Alters Allegations Against Former Task-Force Leaders Ahead of Hearing
By Drooid · · How we work
Core Event and Upcoming Hearing
U.S. Attorney Jeanine Pirro’s office filed a revised FBI affidavit in the early hours of Tuesday, replacing the original sworn statement that had been submitted in October 2020. The amendment changes the identity of the signing agent and modifies several descriptive phrases about the involvement of former Foreign Influence Task Force leaders Nicole Floris and Bradley Benavides. The revised filing will be considered at an 11 a.m. hearing before U.S. Magistrate Judge Zia Farqui, who previously denied a request to postpone the proceeding.
Shifts in Allegations
The original affidavit named FBI Special Agent Byron Militello as the affiant and described a Criminal Division unit chief—referred to as “FBI Employee 1”—as the “primary conduit” who directly told Benavides that the FBI possessed the laptop and that it belonged to Hunter Biden. Descriptions of Floris and Benavides also changed from being “at the center” of task-force dealings and participating in “scores of conversations” to being “involved in” those dealings and taking part in “conversations” generally.
New Obstruction Charge and Political Context
In addition to the original false-statement allegation, the revised complaint adds a charge of obstruction of a congressional proceeding, accusing Floris and Benavides of acting “corruptly.” Commentators note that the filing provides no additional evidence to substantiate the corrupt-purpose element. The case was filed ten days before the midterm elections, and Floris’s attorneys argue the timing is deliberately political. The filing aligns with a broader effort by FBI Director Kash Patel to revisit past FBI controversies that have been a focus of former President Donald Trump’s supporters.
Official and Commentator Reactions
Prosecutors assert that Benavides’ 2023 statement to House Judiciary Committee staff—that he did not discuss the laptop with the Criminal Division—is false. Independent journalist Marcy Wheeler has criticized the obstruction charge as lacking evidentiary support. Floris’s legal team characterizes the charges as “nonsense” and suggests the timing is intended to influence the upcoming election.
Next Steps
If the magistrate finds the revised complaint sufficient, one of the two former agents is expected to testify at the hearing. Otherwise, the case may be delayed pending further arguments from Pirro’s office.