Judge Zia Faruqui dismisses DOJ case against two former FBI officials

U.S. Magistrate Judge Zia Faruqui dismissed the Justice Department's criminal case against two former FBI officials on Monday. The decision ends the government's pursuit of Bradley Benavides and Nikki Floris, who faced charges of lying to Congress regarding the bureau's investigations into Hunter Biden. Faruqui described the government's actions as a form of weaponization during a hearing in Washington, D.C.

The judge pointed to the rapid timeline of the investigation as a primary factor in his ruling. The case opened on orders from FBI Director Kash Patel one day after President Trump delivered a primetime address in mid-July. In that speech, Trump repeated claims about 2020 election fraud and called for FBI scrutiny. The alleged false statements in question were made to Congress in 2023. The Justice Department waited three years to pursue the matter.

Faruqui noted that prosecutors filed the charges approximately two weeks before the midterm elections. This timing conflicts with a Department of Justice policy that prohibits actions designed to influence an election. The judge stated that no other urgent event was looming besides the vote. He called the timing a calendar that he refused to ignore.

The court also scrutinized the procedural method used to file the case. Prosecutors used a criminal complaint rather than seeking a grand jury indictment. Such complaints are typically reserved for situations involving imminent danger, statute of limitations deadlines, or flight risk. Faruqui observed that none of those conditions existed here. He suggested prosecutors might be avoiding a grand jury due to the Department's recent track record in the district. Several grand juries in Washington, D.C. have refused to return indictments in high-profile cases under the current administration.

A Justice Department spokesperson disagreed with the ruling in a written statement. The spokesperson argued that the decision implies high-ranking officials are immune from accountability for materially false statements. The department said it is evaluating all options while remaining guided by facts, evidence, and law. The spokesperson emphasized that politics should not guide departmental actions.

Faruqui said the dismissal does not prevent prosecutors from pursuing the matter further. He noted that the government can still take the case to a grand jury or appeal his decision to the district's chief judge. The judge expressed deep concern over the errors and rush in the investigation process. He stated that what transpired could only be described as weaponization.

Former FBI officials gathered outside the courtroom after the hearing to support the two defendants. Nikki Floris was seen in tears as she hugged colleagues and Benavides. Margaret Donovan, one of Floris' attorneys, told reporters the case should never have been brought. She described the complaint as a slap-dash effort driven by conspiracy theories. Donovan asserted that facts and the truth prevailed in the courtroom.

The case was one of several politically charged actions by the Justice Department in the run-up to the Tuesday midterms. The dismissal clears Benavides and Floris of the specific charges filed against them. It leaves the door open for the government to refile the case through different procedural channels if it chooses to do so.