A federal magistrate judge in Washington, D.C., dismissed the Justice Department’s criminal case against two former FBI officials accused of lying to Congress about their knowledge of the bureau’s investigations into Hunter Biden.
Bradley Benavides and Nikki Floris were charged about two weeks ago over statements they made to Congress in 2023. At a hearing on Monday, U.S. Magistrate Judge Zia Faruqui said the government’s investigation appeared rushed and was marked by significant errors.
“I am deeply troubled by what has happened here,” Faruqui said from the bench, describing the events as “weaponization.” His ruling followed a preliminary hearing held the previous week to determine whether there was probable cause to pursue the charges.
The judge questioned the timing of the case. He noted that the alleged statements were made in 2023, but prosecutors waited three years to bring charges and then filed them shortly before the midterm elections. The investigation into Floris and Benavides was opened on orders from FBI Director Kash Patel the day after President Trump delivered a televised address in mid-July that included calls for the FBI to investigate his claims about the 2020 election.
Faruqui also criticized the decision to file the charges as a criminal complaint, a procedure generally used when there is an urgent concern, such as a flight risk, an impending statute-of-limitations deadline or an immediate danger. He said none of those circumstances applied in this case and remarked that the only looming event was the midterm election.
The judge further said prosecutors appeared reluctant to take the case before a grand jury. He nevertheless noted that the dismissal does not prevent the Justice Department from seeking an indictment, and prosecutors could also appeal the decision to the district’s chief judge.
A Justice Department spokesperson said the department disagreed with the ruling, arguing that it appeared to imply that senior government officials could not be held accountable for materially false statements to Congress. The spokesperson said the department was evaluating its options and that its actions would continue to be based on the facts, evidence and law rather than politics.
After the hearing, former FBI officials gathered outside the courthouse to support Floris and Benavides. Margaret Donovan, one of Floris’ attorneys, said the case should never have been brought and that the government had failed to establish a case.
Sources: NPR News.