Judge dismisses FBI officials' case

A federal magistrate judge in Washington, D.C., threw out the Justice Department's criminal case against two former FBI officials on Monday. The dismissal ended a prosecution that critics argued was timed to influence the midterm elections held the following day.

Magistrate Judge Zia Faruqui found that the government failed to establish probable cause against Bradley Benavides and Nikki Floris. The two were charged with lying to Congress in 2023 regarding their knowledge of FBI investigations into Hunter Biden. Faruqui described the investigation as rushed and filled with errors, stating that the process amounted to weaponization.

The judge cited several irregularities in the case. The investigation began on the orders of FBI Director Kash Patel the day after President Donald Trump delivered a primetime address in mid-July. In that speech, Trump repeated claims about 2020 election fraud and urged the FBI to investigate. Although the alleged false statements were made in 2023, prosecutors waited three years to file charges.

Faruqui noted that the charges were filed as a criminal complaint roughly two weeks before the midterm elections. Department policy generally prohibits timing legal actions to influence elections. The judge observed that prosecutors likely avoided a grand jury, which has recently failed to return indictments in other high-profile political cases in the capital.

A Justice Department spokesperson disagreed with the ruling, arguing that high-ranking officials are not immune from accountability. The department said it was evaluating all options and that its actions were guided by facts and law rather than politics. The spokesperson noted that the department could appeal the decision or seek a grand jury indictment.

Attorney Margaret Donovan, who represents Floris, called the case a slap-dash complaint that should never have been brought. She stated that the facts and truth prevailed in the courtroom. The dismissal was announced during a hearing that lasted about an hour.

Former senior FBI officials attended the hearing and gathered outside the courtroom after the ruling. Floris, who was in tears, hugged several former colleagues before embracing Benavides. The judge confirmed that prosecutors still have the option to pursue the case through other legal channels if they choose to do so.