Judge Throws Out Case Against Former FBI Officials, Criticizes DOJ Timing
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A federal magistrate tossed charges against two ex-FBI counterintelligence officials after finding prosecutors lacked enough evidence and may have pushed the case too fast before the midterm elections, fueling concerns about a politicized Justice Department.
A U.S. magistrate judge dismissed a criminal case against former FBI counterintelligence officials Nikki Floris and Bradley Benavides, ruling that prosecutors had not proven the pair knowingly made false statements about their involvement in investigations related to Hunter Biden. The case was thrown out early, with the judge saying some of the disputed statements were not false or could simply reflect innocent memory mistakes.
"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 condemned the Justice Department for what he called a rushed investigation that strayed from standard procedures and suggested that senior officials may have wanted to bring charges before the upcoming midterm elections.
The Department did not immediately comment on the decision. Prosecutors could attempt to bring the case back 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 said the prosecution was 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.