A federal magistrate judge dismissed the Justice Department’s criminal case against two former counterintelligence officials on Monday in Washington, D.C., rebuking prosecutors for bringing a rushed and unsupported prosecution just days before the midterm elections.
U.S. Magistrate Judge Zia Faruqui tossed the criminal complaint against Nikki Floris and Bradley Benavides after an intensive three-day evidentiary hearing. Prosecutors had accused the former officials of lying to Congress in 2023 about their knowledge of an abandoned laptop linked to Hunter Biden, the son of former President Joe Biden. But from the bench, Faruqui dismantled the government’s arguments, finding that investigators failed to establish probable cause across any element of the offense and sharply criticizing the timing of the charges.
>
Judge Faruqui Rebukes Justice Department Over Weaponization Claims
The proceedings in the federal courtroom in Washington laid bare deep institutional friction within federal law enforcement. During a scathing, hour-long oral ruling, Faruqui pointed directly to the political calendar, noting that the charges were filed mere days before voters went to the polls. He rejected the government’s narrative that the case followed a normal investigative path.
BREAKING: A judge dismisses a criminal complaint against two former FBI officials accused of lying to Congress about Hunter Biden. https://t.co/QyVNjax369
What transpired here cannot be described as anything other than weaponization.
Magistrate Judge Zia Faruqui, via The Guardian
The judge compared the flawed charging document to previous high-profile false statement cases involving former Trump national security adviser Michael Flynn and former Vice President Dick Cheney’s chief of staff, Lewis “Scooter” Libby. He emphasized that the government’s latest effort fell woefully short of those legal standards. Defense attorneys echoed the judge’s assessment, with one member of the legal team pulling no punches in describing the government’s filings.
This case should never have been brought. The government had no case. As the judge just laid out, this was a slap-dash complaint, spaghetti-at-the wall, Hunter Biden conspiracy fever dream. But facts still matter in a courtroom. The truth still matters in a courtroom. And that’s what we say prevailed today.
Margaret Donovan, attorney for Nikki Floris, via NPR
Inside the Foreign Influence Task Force and the 2020 Election Dispute
The core of the dismissed case traced back to the FBI’s Foreign Influence Task Force, known as FITF, which was originally established after the 2016 presidential election to monitor foreign interference. Floris served as the task force’s deputy assistant director from mid-2019 through mid-2022, while Benavides served as its section chief through the 2020 election cycle, according to court filings.
In those roles, both officials provided defensive briefings to lawmakers, including Republican Sens. Charles Grassley and Ron Johnson in August 2020. Those briefings eventually prompted the House Judiciary Committee to summon Floris and Benavides for testimony in July and September 2023. Prosecutors alleged the pair misled lawmakers regarding their involvement with intelligence reports and the bureau’s handling of the laptop story first revealed by the New York Post in late 2020.
FBI Agent Testimony Reveals Unusual Directives From Bureau Leadership
The evidentiary hearing brought unusual transparency to how the prosecution was assembled. Testifying over three days, FBI Special Agent Bryan Witt acknowledged under questioning that the investigation did not follow standard procedures. Witt testified that the probe into Floris and Benavides began on direct orders from FBI Director Kash Patel, coming just one day after President Donald Trump delivered a primetime address on national television in July regarding intelligence oversight and election security.
Judge Dismisses Charges Against Former FBI Agents, Questions DOJ Process
Witt admitted on the stand that he harbored misgivings about the political optics of the assignment, noting that colleagues around the office generally viewed the investigation with skepticism. He also confirmed providing unusual weekly updates directly to Patel and other senior bureau leadership.
Photo: Washington Post
I will not bury my head in the sand and pretend I cannot read a calendar.
Magistrate Judge Zia Faruqui, via NPR
Legal experts and defense counsel pointed out other irregularities during the marathon hearings. Attorneys highlighted that prosecutors initially charged the pair using a criminal complaint—a procedural instrument typically reserved for exigent public safety threats or imminent statute of limitations deadlines rather than historical congressional testimony. Furthermore, the Justice Department attempted to file an amended complaint in the middle of the night that added a brand-new obstruction charge, a maneuver that Faruqui promptly struck from the record.
Department of Justice Response and Potential Next Steps
Following the judge’s dismissal, the Justice Department issued a formal statement defending its position and indicating that prosecutors are reviewing their options. A department spokesperson maintained that the magistrate’s decision set a troubling precedent regarding accountability for high-ranking government officials.
Photo: The Guardian
The Department disagrees with the Magistrate’s decision, which remarkably appears to suggest that high-ranking government officials are immune from accountability for making materially false statements to Congress. We are evaluating all options but cannot comment further on an ongoing criminal investigation. The Department’s actions will continue to be guided by the facts, the evidence, and the law—not politics.
Judge Dismisses Criminal Case Against Two Former FBI Officials in Hunter Biden Investigation
Justice Department Spokesperson, via NPR
While the current complaint has been thrown out, Faruqui noted during Monday’s hearing that prosecutors retain the option of presenting evidence to a grand jury to seek an indictment or appealing the ruling to the district’s chief judge. Outside the courthouse, Floris and Benavides were greeted by a group of former FBI colleagues who had attended the proceedings in a show of solidarity.
Senior Editor, News
James is an award-winning investigative reporter known for real-time coverage of global events. His leadership ensures Archyde.com’s news desk is fast, reliable, and always committed to the truth.
