Judge Throws Out Case Against FBI Officials a Day Before Midterms, Citing “Weaponization”

A federal magistrate judge in Washington has dismissed the case against FBI officials Nikki Floris and Bradley Benavides, two former bureau employees charged with lying to Congress about the investigation into Hunter Biden’s laptop. The ruling came on Monday, the day before the midterm elections. Judge Zia Faruqui said prosecutors had not shown probable cause and described the way the case was brought as “weaponization.”

Floris and Benavides were charged by criminal complaint with making false statements to the House judiciary committee in 2023. The Justice Department alleged they downplayed what they knew about the FBI’s work on a laptop it says belonged to Hunter Biden. Both were accused, not convicted, of anything, and the dismissal leaves that position unchanged. Prosecutors could still try to bring the matter again.

What the judge said in court

Speaking from the bench for about an hour in a packed courtroom, Faruqui said he was “deeply troubled” by what had happened. According to the Guardian, he found prosecutors had not shown that the pair knowingly made false statements. He said some of the statements at issue were not actually false, and that others could be put down to “honest mistakes of memory.” He also criticised “critical mistakes” and a rushed process.

The ruling followed a preliminary hearing held over several days last week to test whether probable cause existed. Al Jazeera reported that the judge had earlier objected to the Justice Department filing an amended complaint with an additional charge without first clearing it with the court, something he said he had never seen before.

Questions over timing

Much of Faruqui’s criticism focused on the calendar. According to NPR, the alleged false statements were made in 2023, yet charges came only about two weeks before the midterms, despite a Justice Department policy against timing actions to influence an election. The judge also noted that prosecutors used a criminal complaint, a tool usually reserved for urgent situations such as imminent danger, a looming statute of limitations or flight risk. He said none applied here.

“I will not bury my head in the sand and pretend I cannot read a calendar,” he said.

Testimony at last week’s hearing added context. An FBI agent told the court that the inquiry into the two former officials began after President Trump’s primetime address on election security in July, in which he said the FBI would examine whether intelligence agencies had suppressed information about Chinese interference in the 2020 election. The next day, FBI Director Kash Patel directed the bureau’s Kansas City field office to scrutinise Floris, who had cast doubt on an FBI intelligence report about Chinese efforts to favour Joe Biden. Floris and Benavides had served on an FBI taskforce examining foreign influence in US politics.

Justice Department response and what comes next

A Justice Department spokesperson said the department “disagrees with the Magistrate’s decision,” which it said “remarkably appears to suggest that high-ranking government officials are immune from accountability for making materially false statements to Congress.” The spokesperson said the department is “evaluating all options” and that its actions are guided by “the facts, the evidence, and the law—not politics.”

The dismissal does not necessarily end the matter. Faruqui noted that nothing prevents prosecutors from seeking an indictment from a grand jury, though NPR reported he suggested they may be reluctant, given that Washington grand juries have refused to indict in several high-profile, politically charged cases under this administration. Prosecutors could also appeal to the district’s chief judge.

Outside court, Floris, in tears, embraced former colleagues who had gathered to greet her and Benavides. Her attorney Margaret Donovan said: “This case should never have been brought. The government had no case.”

The outcome is one of several recent instances in which politically charged actions by the Justice Department have run into trouble in court. Whether prosecutors revive the case against FBI officials Floris and Benavides will be the next test.