Judge dismisses case against former FBI officials in Hunter Biden probe
U.S. Magistrate Judge Zia Faruqui dismissed the criminal complaint against Floris and Benavides after hearings examining the evidence and how the Justice Department brought the case. The former FBI officials were accused of making false statements to the House Judiciary Committee in 2023 about their knowledge of, and involvement in, investigations related to Hunter Biden and his laptop.
Faruqui said the government had not shown probable cause and sharply criticized the prosecution. He questioned why prosecutors used a criminal complaint rather than seeking a grand jury indictment, and faulted them for filing an unsigned, unsworn amended complaint on the court docket after midnight without first obtaining his review.
The investigation began following President Donald Trump’s address on election safeguards, FBI agent Bryan Witt testified. Witt said FBI Director Kash Patel ordered the inquiry and kept close track of it. Witt also told the court he had worried the investigation could be viewed as political. Faruqui noted that the alleged statements dated to 2023, while charges were filed shortly before the November midterm elections.
The Justice Department could still seek an indictment through a grand jury. The dismissal is a setback for prosecutors, who had argued the two officials misled lawmakers about their roles in the FBI’s work involving Hunter Biden.
Judge halts politically timed prosecution of former FBI officials
A federal judge has ended the prosecution, raising serious questions about the use of federal law enforcement against officials targeted over the FBI’s Hunter Biden work. U.S. Magistrate Judge Zia Faruqui found prosecutors had not established a sufficient basis to believe Nikki Floris and Bradley Benavides deceived the House Judiciary Committee in 2023.
The timing and direction of the investigation drew particular scrutiny. FBI agent Bryan Witt testified that the inquiry started following President Donald Trump’s address on election safeguards and was ordered and closely monitored by FBI Director Kash Patel. Witt acknowledged concerns that the investigation might be seen as political. The charges arrived shortly before the November midterm elections, even though they concerned statements from 2023.
Faruqui also faulted the prosecution’s handling of the case, questioning why it proceeded by criminal complaint rather than grand jury indictment. He rejected an amended filing that prosecutors had put on the docket unsigned and without his review. His ruling underscores the danger of treating a president’s grievances as a law-enforcement agenda, particularly when prosecutors’ procedures themselves invite doubts about fairness.
The Justice Department may still ask a grand jury to indict the former officials. But the dismissal leaves the government facing a clear judicial rebuke and a renewed test of whether this case can be pursued on evidence rather than political pressure.
Judge dismisses case over FBI officials’ testimony on Hunter Biden
A judge has dismissed the case against Nikki Floris and Bradley Benavides, two former FBI personnel accused of giving Congress false testimony concerning their knowledge of the Hunter Biden investigation. The ruling prevents the Justice Department from moving forward on the criminal complaint, despite prosecutors’ allegations that the officials misled the House Judiciary Committee in 2023.
U.S. Magistrate Judge Zia Faruqui criticized the investigation and its timing, noting it began after a speech by President Donald Trump and that charges were filed shortly before midterm elections. FBI agent Bryan Witt testified that FBI Director Kash Patel ordered the inquiry and checked in on it regularly; Witt said he had concerns it could be seen as political. Those circumstances deserve scrutiny, but they do not resolve whether the alleged statements were false.
The judge also questioned the government’s decision to use a criminal complaint rather than seek a grand jury indictment, and objected to prosecutors’ filing of an unsigned amended complaint without his prior review. He dismissed the case after finding probable cause had not been established. That ruling is about whether this prosecution was properly supported and brought, not a finding that the officials’ congressional testimony was accurate.
The Justice Department may still pursue a grand jury indictment. The prospect leaves open whether the allegations can be tested through the process the judge said prosecutors should have considered, rather than letting the case end with procedural failures and a broad accusation of political motivation.
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