FBI Case: Judge Drops Charges Against Two Former Officials

U.S. Magistrate Judge Zia M. Faruqui dismissed the criminal case against Nikki Floris and Bradley Benavides on Monday. The former FBI officials were accused of lying to Congress in 2023 regarding their knowledge of Hunter Biden’s laptop. This dismissal marks the latest setback for the Justice Department’s efforts to prosecute individuals who have opposed President Donald Trump.

Faruqui determined that prosecutors failed to establish probable cause that Floris and Benavides misled the Republican-led House Judiciary Committee. The committee was investigating President Joe Biden’s son ahead of the 2024 presidential election. Defense attorneys argued the charges were politically motivated and lacked sufficient evidence. Both officials had drawn criticism from Trump and Republicans for their work securing the 2020 election.

The judge issued sharp criticism of the prosecution from the bench. Faruqui stated he was deeply troubled by the decision to pursue charges against the former officials. He described the criminal complaint as rushed and flimsy. He warned the case would have an enormous chilling effect on congressional testimony and would erode public confidence in the Department of Justice.

"What has transpired here cannot be described as anything other than weaponization," Faruqui said. He further described the case as marketing material intended to discourage people from joining the FBI. The prosecution is being led by the office of U.S. Attorney Jeanine Pirro in Washington, D.C.

A Justice Department spokesperson said in a statement that the department disagrees with the magistrate's decision. The spokesperson argued the ruling suggests high-ranking government officials are immune from accountability for making materially false statements to Congress. The department is evaluating all options and said it will continue to be guided by the facts, evidence, and law, not politics.

FBI Director Kash Patel personally assigned the investigation to the bureau’s Kansas City office on July 17. According to Bryan Witt, an agent assigned to the case, Patel kept unusually close tabs on the probe's progress. Witt testified that the investigation was launched one day after Trump called for an inquiry into rogue bureaucrats who he claimed covered up Chinese meddling in the 2020 election. Witt said the case was viewed as a witch hunt within the Kansas City office.

The case against Floris and Benavides was filed last month. An FBI affidavit alleged that Floris denied having a role in the Hunter Biden investigations during a hearing on July 19, 2023. Benavides testified on September 23, 2023, and was accused of minimizing his involvement. Prosecutors needed to show that their false statements materially affected the committee's investigation.

The only witness interviewed regarding the effect of the alleged false statements was Steve Castor, the longtime lawyer for Republicans on the House Judiciary Committee. Witt testified that Castor was present for Floris's interview but not Benavides's, and had not read the transcripts. This gap sparked internal debate at the Justice Department about proceeding without a witness with firsthand knowledge of what was material.

Faruqui was not persuaded by the claim that the committee would have sought more documents or testimony had the officials testified truthfully. He noted the investigation was already running at full steam and questioned what else the panel could have sought. "What documents? What testimony?" Faruqui asked, directing comments at Castor. "You had three years to think of an answer for that, Mr. Castor. But I have nothing."

Outside the courthouse, Margaret Donovan, an attorney for Floris, urged FBI and intelligence community members to hold their ground and believe in the truth. Her team said Floris dedicated her life to defending the country with exceptional professionalism. Kimberly Paschall, an attorney for Benavides, stated that her client is a patriot and public servant. "He's innocent," Paschall said. "And we are grateful that Magistrate Judge Faruqui carefully weighed the woefully inadequate evidence that the government brought in this case against the law."