Hunter Biden laptop controversy: What happened ahead of 2020 Presidential election? Why have FBI officials been charged?

Two former FBI officials were charged Friday with lying to Congress about their involvement in investigating Hunter Biden’s laptop in the run-up to the 2020 presidential election, the latest in a series of splashy and politically charged actions the Justice Department has undertaken ahead of next month's midterm contests.

Nikki Floris and Bradley Benavides, former leaders of a since-disbanded task force set up to counter foreign election interference, appeared in federal court in Washington, where their lawyers pressed for a speedy hearing to contest allegations their clients lied to lawmakers by saying that they did not participate in FBI investigations of Biden.

The prosecution, a rare Department of Justice criminal case against a former employee, revisits a tangled and peculiar saga that roiled the final weeks of the 2020 race. It also comes amid a broader, backward-looking effort by FBI Director Kash Patel, who before taking over the nation’s premier law enforcement agency was a harsh critic of it, to scrutinize high-profile episodes from the bureau’s recent past that for years have animated President Donald Trump’s conservative base.


Floris’ attorneys called her “a patriot” and said she has “served our nation as a dedicated FBI intelligence officer for nearly 20 years.” Attorneys for Benavides accused the government of bringing “baseless criminal charges against him in a transparently political complaint.”

“This is another sad day for the Department of Justice,” his lawyers said in an emailed statement. “But now we are in court, and the truth will come out: Brad Benavides is a true patriot who devoted his career to protecting this country and its people. These charges are a disgrace.”

FBI Employees Under Scanner Just Before US Midterms

The case was filed less than two weeks before the November 3 elections via criminal complaint, which means prosecutors have not yet presented the allegations to a grand jury for an indictment. The Justice Department has repeatedly struggled in high-profile cases to convince grand juries in the nation’s capital to return indictments.

During the former FBI employees’ court appearance, both defense attorneys and the judge noted the unusual move to charge the case through a complaint, which is more often used by prosecutors when they have an urgent need to take people into custody because, for example, they present a danger or a risk of flight.

U.S. Magistrate Judge Zia Faruqui remarked that it is “rare that we have charges this old coming in this nature," and over the objections of prosecutors who pushed for more time, set a preliminary hearing for next Tuesday, citing what he said was the “sword of Damocles” hanging over the defendants’ heads.

Laptop Discovery ahead 2020 Presidential Election

The revelation of the laptop’s existence in October 2020 injected a thorny storyline in the race between Trump, the Republican incumbent, and Biden’s father, Joe Biden, Trump’s Democratic challenger who went on to win the race.

The laptop were publicized by the New York Post, which said it had obtained from Trump ally Rudy Giuliani a hard drive of a computer dropped off by Hunter Biden at a Wilmington, Delaware, repair shop about a year earlier.

The criminal complaint aims to build on longstanding congressional Republican complaints about the FBI’s handling of the laptop, including allegations that the bureau was not forthcoming to the public that the materials on it — including emails that showed discussions of the younger Biden’s foreign business dealings — were authentic and not the product of Russian disinformation.

The curious circumstances of the laptop’s discovery raised concerns among Democrats and former intelligence officials about the possibility of Russian involvement, particularly at a time when the Trump administration’s own intelligence community had assessed that Moscow that Russia was attempting to interfere in Trump’s favor in the election and as Giuliani had traveled abroad looking for dirt on the Bidens. Dozens of former U.S. intelligence officials signed a letter saying that the laptop bore the "classic earmarks of an Russian information operation.”

But Trump’s then-director of national intelligence, John Ratcliffe, said in a letter to Congress that there was no proof foreign actors had anything to do with the laptop. The FBI under then-Director Chris Wray subsequently endorsed that position.

Hunter Biden was charged with, and convicted of, gun and tax offenses during his father’s administration. Joe Biden pardoned him in his final weeks in office.