Judge Dismisses DOJ Case Against Ex-FBI Officials Over Hunter Biden Probe

The U.S. Justice Department has pursued several politically sensitive legal actions in the final days before the November midterm elections. On Monday, a federal magistrate judge in Washington, D.C., dismissed the government's criminal case against two former FBI officials who were charged in connection with investigations into former President Joe Biden's son.

U.S. Magistrate Judge Zia Faruqui ruled that the investigation into Bradley Benavides and Nikki Floris was handled with haste and contained multiple errors. The pair had been indicted approximately two weeks prior to the election for allegedly lying to Congress in 2023 regarding their knowledge of the FBI's review of Hunter Biden's financial records. Faruqui stated from the bench that the proceedings could not be described as anything other than weaponization.

The judge pointed to specific procedural irregularities in the department's handling of the matter. He noted that the investigation began immediately after President Trump delivered a primetime address in mid-July, in which he urged the FBI to investigate. Faruqui observed that prosecutors waited three years to act on statements made in 2023 and then filed charges shortly before the midterms, despite a department policy against timing legal actions to influence elections.

Faruqui also criticized the use of a criminal complaint to bring the charges. He explained that this legal tool is typically reserved for urgent situations involving imminent danger or flight risks, none of which were present in this case. The judge said the only looming event was the midterms, adding that he would not pretend he could not read a calendar. He suggested prosecutors might be avoiding a grand jury due to recent instances where D.C. grand juries refused to return indictments in high-profile cases.

A Justice Department spokesperson said the department disagrees with the ruling, arguing that high-ranking officials should not be immune from accountability for false statements. The spokesperson stated that the department is evaluating all options, including appealing the decision to the district's chief judge or taking the case before a grand jury. The department maintained that its actions are guided by facts, evidence, and law.

Outside the courtroom after the hearing, former senior FBI officials gathered to greet Benavides and Floris. Floris was seen in tears, embracing former colleagues and Benavides. Margaret Donovan, one of Floris's attorneys, said the case should never have been brought because the government lacked a solid foundation. She described the complaint as a slapdash effort driven by conspiracy theories, noting that facts and truth prevailed in the courtroom.

The dismissal allows prosecutors to potentially retry the case through a grand jury or appeal the magistrate's decision. The legal battle continues as the nation prepares for the upcoming elections.