Federal Bureau of Investigation
An FBI agent recently testified that Hunter Biden laptop case probe might look 'political' Tony Webster from Minneapolis, Minnesota, United States, CC BY-SA 2.0, via Wikimedia Commons/Wikimedia Commons

An FBI agent investigating two former senior bureau officials accused of lying to Congress about investigations involving Hunter Biden has acknowledged concerns that the inquiry could be politically motivated, adding to defence allegations that the Trump administration pursued the case for political reasons. The testimony emerged during a contentious federal court hearing on Tuesday, 27 October, as defence lawyers challenged the basis for the criminal proceedings.

FBI Special Agent Bryan Witt testified that the investigation began in July, one day after President Donald Trump directed federal agencies to investigate whether US intelligence officials had suppressed information about foreign interference in the 2020 presidential election.

Witt acknowledged concerns about the timing and political implications of the assignment, which FBI Director Kash Patel had ordered. His testimony offered an unusual glimpse into unease among investigators tasked with pursuing allegations involving two former counterintelligence officials.

FBI Agent Reveals Concerns About Investigation

Witt, who works in the FBI's Kansas City office, told the Washington court that colleagues had expressed scepticism about the investigation's purpose. When questioned about whether he considered it a politically driven pursuit, he denied personally using such language but acknowledged that others in his workplace generally regarded the inquiry that way.

Witt described the assignment as a major distraction from his existing responsibilities and testified that senior FBI officials expected investigators to pursue the allegations aggressively. The inquiry initially focused on claims that intelligence about alleged Chinese efforts to influence the 2020 election in Joe Biden's favour had been suppressed.

The investigation subsequently turned towards Nikki Floris and Bradley Benavides, former senior counterintelligence officials accused of providing misleading testimony to the House Judiciary Committee in 2023.

Both were charged last week with making false statements concerning their knowledge of, and participation in, FBI investigations involving Hunter Biden. Their attorneys have rejected the allegations and maintain that the prosecution is politically motivated.

Floris and Benavides previously held senior positions in the FBI's Foreign Influence Task Force, which investigated foreign influence operations targeting the United States. According to prosecutors, internal documents and witness accounts contradict statements the pair made to congressional investigators about their knowledge of and involvement in FBI inquiries concerning Hunter Biden. Both defendants deny wrongdoing and are presumed innocent unless proven guilty.

Federal Judge Challenges Prosecutors

The hearing took another dramatic turn when US Magistrate Judge Zia Faruqui criticised federal prosecutors for attempting to introduce an additional obstruction charge without obtaining judicial authorisation. The Justice Department had submitted an amended criminal complaint overnight, shortly before the scheduled hearing, prompting objections from defence attorneys.

Faruqui struck the amended complaint from the court record, explaining that prosecutors could not introduce the additional charge without obtaining the required judicial approval. He questioned the Justice Department's departure from established procedures, while prosecutors denied acting improperly. The original false-statement charges remained in place, and the judge's decision did not determine whether the defendants were guilty or whether the prosecution was politically motivated.

The proceedings revisit disputes surrounding a laptop reportedly left at a Delaware repair shop in 2019. Its contents became a major political controversy shortly before the 2020 election, with Republicans accusing federal officials of undermining scrutiny of the Biden family's business activities. The FBI task force previously overseen by Floris and Benavides was dissolved in February 2025.

Hunter Biden was separately prosecuted on federal firearms and tax offences during his father's presidency. He was convicted in the gun case and pleaded guilty to tax charges before receiving a presidential pardon in December 2024.