Judge drops case against ex-FBI officials, cites election timing

U.S. Magistrate Judge Zia Faruqui dismissed the criminal case against two former FBI officials on Monday. The decision ends the Justice Department's prosecution of Bradley Benavides and Nikki Floris, who had been charged with lying to Congress in 2023. The charges stemmed from the bureau's investigations into former President Joe Biden's son, Hunter Biden. Faruqui described the government's handling of the case as a clear example of political weaponization.

The hearing took place in federal court in Washington, D.C., before a packed room of former senior FBI officials. Faruqui spent one hour detailing the errors in the investigation. He stated that the case was opened on the orders of FBI Director Kash Patel. This happened the day after President Trump delivered a primetime address in mid-July. In that speech, Trump repeated claims about 2020 election fraud and urged the FBI to launch an investigation.

The judge pointed out that the alleged false statements were made in 2023. The Justice Department waited three years to pursue the matter. Prosecutors then filed charges approximately two weeks before the midterm elections. This timing conflicted with a Department of Justice policy that prohibits scheduling actions to influence an election. Faruqui noted that the only looming event was the midterms. He told the court he would not pretend he could not read a calendar.

Faruqui also criticized the use of a criminal complaint to bring the charges. He explained that this document is typically reserved for urgent situations. Those situations include imminent danger, a statute of limitations deadline, or a risk of flight. None of those factors applied to the case against Benavides and Floris. The judge observed that prosecutors might be avoiding a grand jury. He noted that D.C. grand juries have recently refused to return indictments in several high-profile political cases under the current administration.

The Justice Department responded to the ruling through a spokesperson. The department stated it disagreed with the magistrate's decision. The spokesperson said the ruling suggested high-ranking officials were immune from accountability for making false statements to Congress. The department said it was evaluating all options but could not comment further on an ongoing criminal investigation. It added that its actions would continue to be guided by the facts, evidence, and law, not politics.

Faruqui stated that his dismissal does not prevent prosecutors from seeking an indictment from a grand jury. He also noted that the government could appeal his decision to the district's chief judge. The preliminary hearing that led to this decision lasted several days last week. It included testimony from one of the FBI agents who investigated the case. The judge called the investigation rushed and riddled with errors.

Margaret Donovan, one of the attorneys for Floris, spoke after the hearing. She said the case should never have been brought. She described the complaint as a slap-dash effort driven by conspiracy theories. Donovan asserted that facts and truth prevailed in the courtroom. Outside the court, a group of former FBI colleagues greeted the two officials. Floris, with tears in her eyes, hugged several former colleagues before embracing Benavides.

Benavides and Floris were charged around two weeks ago. They faced allegations of lying to Congress about their knowledge of the FBI's investigations into Hunter Biden. This case is one of several politically charged actions taken by the Justice Department under President Trump. These actions have occurred in the run-up to the midterm elections scheduled for Tuesday.