FBI Probe: Judge Tosses Case Two Weeks Before Midterms

Two weeks before the midterm elections, a federal court in Washington, D.C., threw out the Justice Department's criminal case against two former FBI officials. The dismissal came in a case that prosecutors argued involved lies told to Congress in 2023 about the bureau's investigations into Hunter Biden.

U.S. Magistrate Judge Zia Faruqui issued the ruling on Monday after a hearing that lasted one hour. He described the government's investigation as rushed and filled with errors. Faruqui said he was deeply troubled by the process and stated that the situation could only be described as weaponization.

Bradley Benavides and Nikki Floris were charged around two weeks ago. The allegations centered on their knowledge of the FBI's work regarding the former president's son. The timing of the charges placed them in the middle of a series of politically charged actions by the Justice Department under President Trump.

Faruqui pointed to several procedural irregularities. The investigation began the day after President Trump delivered a primetime address on national television in mid-July. In that speech, Trump repeated claims about election fraud and urged the FBI to investigate. The judge noted that the alleged false statements were made to Congress in 2023, yet the department waited three years to act.

The judge also highlighted that prosecutors filed the charges as a criminal complaint. This document type is usually reserved for situations involving imminent danger or a risk of flight, none of which applied here. Faruqui stated that the only looming event was the midterm election, contradicting a department policy that prohibits timing actions to influence an election.

A Justice Department spokesperson said in a statement that the department disagreed with the decision. The spokesperson argued that the ruling suggested high-ranking officials were immune from accountability for false statements. The department said it is evaluating all options and that its actions are guided by facts and law, not politics.

Faruqui said prosecutors could still take the case to a grand jury or appeal his decision to the district's chief judge. He noted that grand juries in Washington, D.C., have recently refused to return indictments in high-profile cases. He added that he would not pretend he could not read a calendar.

After the hearing, former FBI officials gathered outside the courtroom to greet Floris and Benavides. Margaret Donovan, one of Floris' attorneys, said the case should never have been brought. She described the complaint as a slap-dash effort driven by conspiracy theories, noting that the facts and truth prevailed in the courtroom.