Judge dismisses case against ex-FBI officials accused of lying about Hunter Biden probe

WASHINGTON (Diya TV) — U.S. Magistrate Judge Zia Faruqui on Monday dismissed the criminal complaint against former FBI officials Nikki Floris and Bradley Benavides, ruling prosecutors had not shown probable cause that they knowingly lied to Congress about the bureau’s Hunter Biden investigations. Faruqui also sharply criticized the Justice Department’s handling of the case and questioned its timing, less than two weeks before Tuesday’s midterm elections. Prosecutors can still ask a grand jury to indict the pair.

The case centered on interviews the officials gave the House Judiciary Committee in 2023. Prosecutors alleged Floris falsely said she had not discussed Hunter Biden while leading the FBI’s Foreign Influence Task Force. They alleged Benavides, a former section chief in the task force, falsely said he first learned the FBI had Hunter Biden’s laptop from a Wikipedia article in 2023. The task force worked on efforts to identify foreign influence in U.S. elections.

The Justice Department’s complaint cited internal FBI records, communications and witness accounts. But Faruqui concluded that prosecutors had not established probable cause: He found that some statements were not false and others could reflect honest memory errors. The ruling resolves whether the current complaint can proceed; it is not a trial verdict on the broader dispute over the FBI’s handling of Hunter Biden-related matters.

Testimony at a three-day hearing also exposed gaps in the investigation. FBI agent Bryan Witt acknowledged that investigators did not interview Floris or House staff members with direct knowledge of the 2023 questioning. Witt also said the committee staffer cited in the government’s account was not present for Benavides’ interview and had not reviewed its transcript. The government’s initial affidavit also incorrectly said the officials had testified under oath.

Faruqui had already challenged prosecutors’ unusual filing procedures. Last week, he struck an amended complaint that prosecutors submitted to the public docket without judicial approval. It added an obstruction charge to the false-statement allegations. The judge said the filing bypassed the review required before criminal charges can proceed.

The judge also focused on how the investigation began. Witt testified that the FBI opened it after President Donald Trump called for a review of whether intelligence agencies had suppressed information about alleged Chinese interference in the 2020 election. FBI Director Kash Patel assigned the bureau’s Kansas City field office to investigate Floris the next day. Witt said Patel and other senior officials closely monitored the inquiry, and he worried it would appear political.

Faruqui called the prosecution “weaponization” and said he would not ignore the calendar as he assessed the decision to bring charges shortly before the election. That was the judge’s criticism of the case and its timing; the dismissal itself rested on his finding that prosecutors had not established probable cause.

The Justice Department charged Floris and Benavides through a criminal complaint on Oct. 23, rather than first seeking an indictment. Monday’s ruling ends that complaint. Prosecutors would need grand jury approval to bring the case forward again, and the department had not immediately announced whether it would seek an indictment.