WASHINGTON — A top aide to U.S. Attorney Jeanine Pirro said in a phone call Monday night that prosecutors “botched the job” in a high-profile criminal case against two former FBI officials, an agent investigating the case testified Thursday.
Former officials Nikki Flores and Bradley Benavidez were initially charged last week with making false statements to Congress about their knowledge of the Hunter Biden laptop investigation.
Special Agent Ryan Vitter included an sworn affidavit with the indictment citing the testimony of a congressional staffer who was present for Flores and Benavidez’s testimony, but it turned out that person was only present for Benavidez’s deposition and that Vitter testified during a preliminary hearing on the possibility of charges against the pair.
Witt told Magistrate Judge Zia M. Farooqui that he made a call to congressional staff on Monday and was later joined on the call by Pirro aide Carlton Davis and Pirro, the top federal prosecutor in Washington, D.C.
Audio of that conversation was given to Benavidez’s attorney, Ron Safer, who read parts of the conversation in court and asked Witt if it was accurate.
Witt testified that Davis at one point told staffer Steve Castor, general counsel for the House Judiciary Committee, “This is what f*cked us up” and asked for his help in finding people who had been present to testify.
Witt added that he still hasn’t been able to talk to anyone present.
Late Monday night, prosecutors filed what they called a superseded criminal complaint and a new affidavit, neither of which was signed by any law enforcement official or judge. Faruqui dismissed the complaint on Tuesday.
On Wednesday, a defense attorney asked Vitter whether it was unusual to use an affidavit containing a false statement in a case charging a defendant with making a false statement — a question the judge interrupted.
Davis, who was listed as a special counsel in Pirro’s office, was involved in a failed effort to prosecute six sitting members of Congress for urging members of the military not to comply with illegal orders in social media videos. Davis previously served as a Republican staff member on several committees, including the House Select Committee on Benghazi.
Witt appeared in court for a third consecutive day.
He testified Tuesday that he was assigned to the case in July after FBI Director Kash Patel sent a letter instructing the Kansas City, Missouri, office to investigate certain individuals, including Flores.
The directive came a day after President Donald Trump gave a speech in the Oval Office in which he complained that “rogue bureaucrats” had suppressed information about China’s interference in the 2020 election, which he falsely claimed was “stolen.”
Both Flores and Benavidez were involved in the FBI’s efforts to secure the election and have long been the target of criticism from Trump allies.
Witt said he was not comfortable with the assignment, in part because “I was worried it would be seen as political.”
Witt said Wednesday that senior FBI officials, including Patel, have been reviewing developments in the case through in-person meetings, video conferences and through updates from their agents. Witt said FBI Deputy Director Chris Raia and Andrew Bailey, who recently resigned, were involved.
“The evidence in this case speaks for itself. [as] Flores’ attorney, Mary Dorman, told the judge Thursday that the pressure had an impact on a sensitive investigation like this.
She said there were other errors in the affidavit and that some of the false statements her client allegedly made were stripped of necessary context.
Benavidez’s attorney, Sarver, told Faruqui that in most cases it would be a talking point to call something a political prosecution, but that was not the case in this case.
“This is the price we pay for letting politics influence this process,” he said.
The judge said he planned to issue a written ruling Monday morning.