Judge Throws Out Case Against Former FBI Officials, Criticizes DOJ Timing
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A federal magistrate dismissed charges against two ex-FBI counterintelligence officials, saying the Justice Department came up short on evidence and appeared to rush the case ahead of the midterm elections in a move critics say fits a broader pattern of politicized law enforcement.
A U.S. magistrate judge dismissed a criminal case against former FBI counterintelligence officials Nikki Floris and Bradley Benavides, finding that prosecutors had not shown the pair knowingly made false statements about their involvement in investigations related to Hunter Biden. The ruling came early in the proceedings, and the judge noted that some of the statements at issue were either not false at all or could be explained as honest memory errors.
"What has transpired here cannot be described as anything other than weaponization of federal law enforcement," Judge Zia Faruqui said during the hearing.
The judge also sharply criticized the Justice Department for what he described as a rushed investigation that broke from normal procedures and raised the possibility that senior officials wanted charges filed before the upcoming midterm elections.
The Department did not immediately comment on the decision. Prosecutors could still try to revive the case by seeking a new indictment, which would need grand-jury approval. Grand juries have previously declined to approve several high-profile cases during President Donald Trump's second term.
Floris was observed in tears after the ruling, and her attorney characterized the prosecution as a politically motivated effort to score points before the elections. Both Floris and Benavides had overseen the FBI’s Foreign Influence Task Force, which tracks foreign attempts to influence U.S. elections. The criminal complaint alleged they had downplayed their role in matters involving Hunter Biden and material from his laptop, but the judge found the evidence insufficient.