Marcy Wheeler is an independent journalist who writes about national security and civil liberties at emptywheel.net. She began blogging full time in 2007 and has contributed to publications including Motherboard, The New Republic and Al Jazeera. Her book Anatomy of Deceit examines the CIA leak investigation. She holds a doctorate from the University of Michigan, where she studied the feuilleton newspaper form.
Role at the time: Independent journalist writing as emptywheel
Challenged the characterization
Statement summary
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.”
Open source (opens in a new tab)How Jeanine Pirro Offered Up Evidence to Indict Kash PatelSection on the cross-examination by Benavides's lawyer
Why we used 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.
DOJ accuses former FBI officials Nikki Floris and Bradley Benavides of knowingly lying to Congress about Hunter Biden investigations. Their lawyers deny the allegations and describe the prosecution as politically driven.