FBI probe: Judge drops case against two former bureau officials

Two former FBI officials regained their freedom in court on Monday after a federal magistrate judge dismissed the criminal case brought against them by the Justice Department. The dismissal resolves a dispute over whether the pair misled Congress regarding the bureau's 2023 investigations into Hunter Biden.

U.S. Magistrate Judge Zia Faruqui ruled that the government's handling of the case against Bradley Benavides and Nikki Floris was flawed. He described the prosecution as rushed and full of errors, concluding that the process amounted to "weaponization." The ruling comes just one day before voters head to the polls for the midterm elections.

The judge pointed to the specific timeline of the investigation as evidence of improper motivation. He noted that FBI Director Kash Patel ordered the case opened the day after President Trump delivered a prime-time television address in mid-July. In that speech, Trump repeated claims of fraud in the 2020 election and urged the FBI to investigate. Despite the alleged false statements occurring in 2023, prosecutors waited three years before filing charges.

Faruqui also criticized the department for bypassing a grand jury in favor of a criminal complaint. He stated that such documents are typically reserved for situations involving imminent danger, strict statute of limitations deadlines, or a risk of flight. None of those factors applied to Benavides and Floris. The judge argued that the only looming deadline was the election itself.

"I will not bury my head in the sand and pretend I cannot read a calendar," Faruqui said from the bench. "I will not lobotomize myself that way." He added that prosecutors might avoid a grand jury because of the department's recent history of failed indictments in the Washington, D.C., area.

The Justice Department responded to the dismissal with a statement saying it disagreed with the decision. A spokesperson argued that the ruling implied high-ranking government officials were immune from accountability for making false statements to Congress. The department said it is evaluating all options and will continue to rely on facts, evidence, and law rather than politics.

Faruqui left the door open for the government to pursue the case through other means. He noted that prosecutors can still take the matter to a grand jury or appeal his decision to the district's chief judge. The preliminary hearing that led to the dismissal lasted several days and included testimony from an FBI agent involved in the original investigation.

Outside the courtroom, a group of former senior FBI officials gathered to support Benavides and Floris. Margaret Donovan, an attorney for Floris, described the case as a "slap-dash complaint" driven by conspiracy theories. "The government had no case," Donovan said. "Facts still matter in a courtroom. The truth still matters in a courtroom. And that's what we say prevailed today."