Federal Judge Dismisses Case Against Ex-FBI Officials
Magistrate Zia Faruqui ruled the Justice Department rushed charges against two former agents just before the midterm elections.
By Samuel Peterson ·

Two former FBI officials are no longer facing criminal charges in a case that federal judges described as rushed and error-prone. U.S. Magistrate Judge Zia Faruqui dismissed the Justice Department's case against Bradley Benavides and Nikki Floris on Monday in Washington, D.C. The decision resolves a dispute over whether the pair lied to Congress regarding their knowledge of the bureau's investigations into Hunter Biden.
The timeline of the legal action drew sharp criticism from the court. The investigation opened on orders from FBI Director Kash Patel in mid-July 2026. This occurred the day after President Donald Trump delivered a primetime national address urging the FBI to investigate the former president's son. The alleged false statements were made to Congress in 2023. Prosecutors waited three years before moving the case forward.
Charges were filed approximately two weeks before the midterm elections scheduled for Tuesday. Faruqui noted that this timing conflicted with a Justice Department policy that prohibits actions designed to influence an election. The judge also pointed out that prosecutors used a criminal complaint rather than a grand jury indictment. Criminal complaints are typically reserved for urgent situations involving imminent danger, statute of limitations deadlines, or a risk of flight. None of those conditions applied to Benavides and Floris.
"I am deeply troubled by what has happened here," Faruqui said during a one-hour hearing. "What transpired here cannot be described as anything other than weaponization." The judge added that he would not pretend to ignore the calendar or the political context surrounding the filing. He observed that prosecutors seemed reluctant to take the case before a grand jury, a body that has recently refused indictments in several high-profile cases in the capital.
The Justice Department stated it disagrees with the magistrate's decision. A spokesperson said the ruling suggests that high-ranking officials may be immune from accountability for materially false statements. "We are evaluating all options but cannot comment further on an ongoing criminal investigation," the spokesperson said. The department said its actions remain guided by facts, evidence, and law.
The dismissal does not end the possibility of prosecution. Faruqui noted that prosecutors can appeal his decision to the district's chief judge or seek a new indictment from a grand jury. Outside the courtroom, a group of former senior FBI officials greeted Benavides and Floris after the hearing. Floris, visibly emotional, hugged several colleagues before embracing Benavides.
Margaret Donovan, an attorney for Floris, characterized the dismissed complaint as a "slap-dash" effort. "This case should never have been brought. The government had no case," Donovan said. She argued that the truth prevailed in the courtroom despite the "conspiracy fever dream" that surrounded the investigation.
Source: WUSF Public Media · original report published
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