Why a Judge Threw Out the Case Against Two Former FBI Officials

A federal magistrate judge on Monday dismissed a criminal complaint accusing two former FBI officials of lying to Congress about their roles in the Hunter Biden investigation, delivering a sharp rebuke of the Justice Department and the FBI.

Judge Zia Faruqui ruled that the government had not shown probable cause that Nikki Floris and Bradley Benavides committed a crime, according to NBC News. The Justice Department could still appeal or seek a grand jury indictment, CBS News reported.

What the officials were accused of

Prosecutors alleged that Floris and Benavides made false statements during congressional interviews in 2023 about what they knew and what they did, according to Fox News. NBC News reported that the complaint centered on their testimony to the House Judiciary Committee about their roles on the Foreign Influence Task Force and in the bureau’s Hunter Biden investigations.

CBS News reported that Floris was a top intelligence analyst in charge at the FBI’s Washington Field Office, and that Benavides was a deputy assistant director in the bureau’s Counterintelligence Division. Republicans have long accused the FBI of mishandling information about Hunter Biden before the 2020 presidential election, Fox News reported.

How the judge described the case

In an hour-long oral ruling, Faruqui called the case slapdash and said there was no motive and no direct evidence, according to CBS News. He said the matter was “nothing,” and that what happened could be described only as “weaponization,” the network reported. Fox News said he characterized the prosecution as a rush job directed by President Donald Trump and FBI Director Kash Patel.

The judge also questioned the timing. CBS News reported that he noted there was no looming statute-of-limitations deadline and said no event on the calendar explained a charge in October 2026 other than the midterm elections. He also read aloud from the Justice Department Manual, which says prosecutors should not take overt steps meant to influence an election, the network reported.

Unusual steps by prosecutors

The case was brought by criminal complaint rather than a grand jury indictment. CBS News noted that complaints are generally reserved for felony cases that pose urgent public safety or national security threats, and that prosecutors usually secure an indictment first. NBC News reported that grand jurors in Washington have been skeptical of politically tinged cases against perceived Trump opponents.

Last week, prosecutors filed an unsigned, unsworn complaint that sought to add obstruction of Congress charges without first getting a judge’s approval. Faruqui called the move improper and struck it from the record, according to Fox News and CBS News.

During three days of testimony, FBI Special Agent Bryan Witt said the case was opened at Patel’s request and was not handled like others in his career, CBS News reported. NBC News said Witt also testified that he worried the investigation would be seen as political, and that a prosecutor on the case acknowledged in a phone call that the complaint was flawed.

What the defendants and their lawyers said

Floris’ attorneys called the charges a politically motivated smear campaign ahead of the midterm elections, NBC News reported. Margaret Donovan, one of her lawyers, said outside the courthouse that the case should never have been brought, according to CBS News.

Attorneys for Benavides called the accusations political theater and said he is innocent. They said they hoped the government would not now go before a grand jury and try to bring the case behind closed doors, NBC News reported.

Fox News said it reached out to the White House and the FBI for comment. CBS News said it contacted the Justice Department, the FBI and the U.S. attorney’s office in Washington. NBC News reported that the office of U.S. Attorney Jeanine Pirro did not immediately respond.

Why it matters

The ruling is a significant setback for a prosecution that critics, including the judge, tied to politics. It also puts a spotlight on how federal prosecutors choose to bring charges, since the unusual use of a criminal complaint drew criticism from the bench.

For the two former officials, the decision ends the current charges, although the Justice Department’s options remain open. NBC News said a renewed case seems unlikely given the judge’s finding that the complaint did not meet the probable-cause standard.

Around Prague, based on reporting by Fox News, ABC News, CBS News