Jae C. Hong / AP, via NBC News (Hunter Biden; archive photo; crop).
A federal magistrate judge in Washington dismissed the criminal complaint against former FBI officials Nikki Floris and Bradley Benavides on Monday, November 2, finding that prosecutors had not shown probable cause that they knowingly lied to Congress about their involvement in investigations of Hunter Biden, Reuters reported from the hearing.
U.S. Magistrate Judge Zia Faruqui delivered the decision orally, sharply criticizing the investigation and the decision to bring the case shortly before Tuesday’s midterm elections. The dismissal ended the complaint at a preliminary stage, rather than through a trial verdict.
“What has transpired here cannot be described as anything other than weaponization,” Faruqui said, according to Reuters. He described the investigation as rushed and said it had made “critical mistakes.”
The case concerned the two former officials’ statements to the House Judiciary Committee in 2023 about their knowledge of, and involvement in, the FBI’s investigations involving Hunter Biden and material from his laptop. Floris and Benavides had helped supervise the bureau’s Foreign Influence Task Force.
The Justice Department’s October 20 affidavit supporting the criminal complaint alleged that documentary records, communications and witness accounts contradicted their statements to congressional investigators. It alleged false statements under 18 U.S.C. Section 1001(a)(2). Those were prosecution allegations, not findings that the defendants committed a crime.
Judge rejects evidence of knowing falsehoods
That distinction was central to Monday’s decision. Reuters reported that Faruqui found some statements were not actually false, while others could be explained by “honest mistakes of memory.” The judge concluded the government had not produced sufficient evidence of knowing falsehoods to continue the case.
The judge also questioned the timing and handling of the prosecution. According to Reuters, he suggested senior officials had sought to bring the charges before the midterms and criticized departures from normal investigative procedures.
The dismissal does not necessarily prevent prosecutors from trying again. Reuters reported that the Justice Department could seek to revive the case by obtaining an indictment, which would require a grand jury’s approval. No such future charging decision is established by Monday’s ruling.
A Justice Department spokesperson did not immediately respond to Reuters’ request for comment on the decision. Floris cried and embraced her lawyers and supporters outside the courtroom, the news service reported.
The ruling is about the government’s evidence against the two former officials, not a new decision in the separate criminal cases that had involved Hunter Biden. Its immediate effect is the dismissal of the complaint alleging that Floris and Benavides lied to lawmakers; any attempt to pursue further charges would require additional legal steps.
JBizNews Desk | New York
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