Federal judge throws out criminal complaint tied to politically charged Hunter Biden case
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A magistrate judge found the government failed to show probable cause that two former FBI officials lied to Congress about the Hunter Biden investigation, rejecting a case that critics said was drenched in politics.
A federal magistrate judge dismissed a criminal complaint on Monday that accused two former FBI officials, Nikki Floris and Bradley Benavides, of lying to members of Congress about what they knew regarding the investigation into former President Joe Biden’s son. Judge Zia Faruqui concluded that the government had not shown probable cause that the agents made false statements during their 2023 testimony before the House Judiciary Committee.
The complaint alleged that the agents distorted their roles on the Foreign Influence Task Force and in the FBI’s inquiry into the Hunter Biden laptop. Legal observers noted that the case was brought as a criminal complaint rather than being presented to a federal grand jury, a procedural choice that stood out in a matter already shadowed by political controversy.
At a recent preliminary hearing, an FBI agent testified that there were concerns the investigation could be viewed as political, and a prosecutor involved in the case acknowledged problems in the complaint during a telephone conversation.
Attorney representatives for Benavides welcomed the ruling and said the accusations were politically motivated. > "Bradley Benavides is a patriot. He is a public servant. And he is innocent. We are grateful that Judge Faruqui carefully weighed the evidence against the law and found the government could not meet the extremely low burden of probable cause."
The Justice Department could still seek a grand-jury review, but the judge’s determination that the complaint failed to meet the legal standard makes further action appear unlikely. Pirro’s office did not immediately comment on the decision.