WASHINGTON — A top aide to U.S.Attorney Jeanine Pirro said in a Monday-night phone call that prosecutors had made a “f---up” in a high-profile criminal case against two former FBI officials, an agent who’s been investigating the case testified Thursday.The former officials, Nikki Floris and Bradley Benavides, were initially charged last week with making false statements to Congress about their level of knowledge about an investigation of Hunter Biden’s laptop.A sworn affidavit attached to the complaint by Special Agent Ryan Witt cited a congressional staffer who was present for both Floris’ and Benavides’ testimony — but it turns out the person was only present for Benavides’, Witt testified at a preliminary hearing on whether there’s probable cause to charge the pair.Witt told Magistrate Judge Zia M.
Faruqui that he called the congressional staffer on Monday and was later joined on the call by Pirro aide Carlton Davis and Pirro, the top federal prosecutor for Washington, D.C.Audio of that conversation was turned over to Benavides’ attorney, Ron Safer, who read parts of the exchange in court and asked Witt whether it was accurate.At one point, Davis told the staffer, House Judiciary Committee general counsel Steve Castor, “This is our f---up,” and asked for his help finding someone who had been present for the testimony, Witt confirmed.Witt added that he still has not been able to speak to anyone who was there.Later Monday night, prosecutors filed what they called a superseding criminal complaint and a new affidavit, neither of which was signed by any law enforcement officer or judge.Faruqui tossed the complaint on Tuesday.On Wednesday, one of the attorneys for the defense asked Witt if it was unusual for a case alleging defendants made false statements to use an affidavit containing false statements — a question the judge cut off.Davis, who is listed as a special counsel in Pirro’s office, was involved in the failed effort to indict ...