Marcy Wheeler says the claims that Floris lied are manufactured
Marcy WheelerIndependent journalist writing as emptywheel
Writing after the first day of the preliminary hearing, Wheeler argues that the case against Floris treats criminal and counterintelligence investigations as the same thing. She says Benavides is differently situated.
“The claims Floris lied are pretty much entirely manufactured, created by treating criminal investigations and counterintelligence investigations as the same thing.”
Analysis
Where this statement fits
DOJ accuses Nikki Floris and Bradley Benavides of lying; their lawyers reject the charges
DOJ alleges that former FBI officials Nikki Floris and Bradley Benavides gave knowingly false, material answers in 2023 House Judiciary Committee interviews about their awareness of and involvement in Hunter Biden investigations. Their lawyers reject the accusations. The charges were brought by criminal complaint, not a grand-jury indictment.
Source and context
Analysis
About this source
Wheeler's analysis of the first day of the preliminary hearing, published on her blog. It is commentary, not a court record.
Archived copy (opens in a new tab)Before the quotation
Wheeler writes that the hearing required prosecutors to put an agent on the stand under oath, and that Benavides's lawyer Ron Safer questioned him first.
After the quotation
She writes that Benavides did testify in ways that conflict with communications cited in the complaint, so his lawyers must show that he did not lie on purpose and that any false answers did not affect the committee's investigation.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
The reference point is the alleged knowing and material false testimony. Wheeler disputes the basis of the accusation against Floris and says the case against Benavides turns on intent and materiality.
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More from this case
Read the full caseSafer disputes evidence of intentional deception
“There is absolutely zero proof that Mr. Benavides knew and remembered and misled.”Read statement
DOJ prosecutor alleges a motive to minimize laptop knowledge
United States Department of Justice
“They didn't correct the record.”Read statement
Dohrmann challenges the presentation of Floris' answers
“The evidence in this case speaks for itself [as] to the effect that kind of pressure has on sensitive investigations like this one”Read statement
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The Dispute Index. "Marcy Wheeler says the claims that Floris lied are manufactured". First published: 2026-10-29. Last updated: 2026-10-29. https://disputeindex.com/events/7173-writing-after-the-first-day-of-the-preliminary