Judge dismisses DOJ case against two ex-FBI officials with 2-week midterm window

Two former FBI officials are no longer facing criminal charges for lying to Congress about their knowledge of the bureau’s investigations into Hunter Biden. U.S. Magistrate Judge Zia Faruqui dismissed the Justice Department’s case on Monday in federal court in Washington, D.C.

Bradley Benavides and Nikki Floris were charged two weeks ago. The charges alleged that they made false statements to Congress in 2023 regarding the FBI’s work on the Biden family. The dismissal came after a days-long preliminary hearing last week, which included testimony from one of the FBI agents who investigated the case.

Faruqui described the government’s handling of the matter as rushed and full of errors. He said he was deeply troubled by the events that led to the charges. The judge used the word weaponization to characterize the prosecution’s approach. He told a packed courtroom that the timeline of the case could not be ignored.

The investigation began on the order of FBI Director Kash Patel. It started the day after President Trump delivered a primetime address on national television in mid-July. In that speech, Trump repeated claims about fraud in the 2020 election and urged the FBI to look into the matter. Faruqui noted that the alleged false statements were made in 2023, but the Justice Department waited three years to pursue the case.

Prosecutors filed the charges just two weeks before the midterm elections scheduled for Tuesday. A Justice Department policy prohibits timing actions to influence an election. Faruqui pointed out that this was the only looming event at the time the charges were filed. He said he would not pretend he could not read a calendar.

The judge also criticized the format of the filing. Prosecutors used a criminal complaint, a document typically reserved for urgent situations such as imminent danger or a risk of flight. Faruqui said none of those urgent conditions existed here. He noted that prosecutors appeared hesitant to take the case before a grand jury, likely because of the department’s recent history of failed indictments in Washington, D.C.

A Justice Department spokesperson said the department disagrees with the ruling. The statement claimed the decision suggests high-ranking officials are immune from accountability for false statements to Congress. The spokesperson said the department is evaluating all options and that its actions are guided by facts, evidence, and the law, not politics.

After the hearing, former FBI officials gathered outside the courtroom to greet Benavides and Floris. Floris, who was in tears, hugged several colleagues before hugging Benavides. Margaret Donovan, one of Floris’ attorneys, said the case should never have been brought. She described the complaint as a slap-dash effort driven by conspiracy fever, but noted that facts and truth prevailed in the courtroom.

Faruqui said prosecutors are not barred from seeking a grand jury indictment or appealing the decision to the district’s chief judge. The next step in the legal process is up to the Justice Department to decide. The dismissal leaves Benavides and Floris without criminal charges for now, though the department has not confirmed whether it will appeal.