Judge Throws Out Case Against Former FBI Officials, Criticizes DOJ Timing

A U.S. magistrate judge dismissed a criminal case against former FBI counterintelligence officials Nikki Floris and Bradley Benavides, finding that prosecutors had not demonstrated that the pair knowingly made false statements about their involvement in investigations related to Hunter Biden. The ruling was issued early in the proceedings, with the judge noting that some of the statements in question were either not false 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 criticized the Justice Department for what he called a rushed investigation that departed from normal procedures and suggested that senior officials may have sought to file charges before the upcoming midterm elections.

The Department did not immediately comment on the decision. Prosecutors could attempt to revive the case by obtaining a new indictment, which would require 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 described 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 monitors foreign attempts to affect 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.