Federal magistrate throws out case targeting former FBI officials over Hunter Biden testimony
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A U.S. magistrate judge rejected a criminal complaint accusing two former FBI counterintelligence officials of lying to Congress about the bureau’s Hunter Biden investigation, saying the government had not shown probable cause and warning the prosecution looked politically timed.
A federal magistrate judge dismissed a criminal complaint that accused former senior FBI counterintelligence officials Nicole Floris and Bradley Benavides of making false statements to Congress about the agency’s investigation into Hunter Biden. In an hour-long oral ruling, Magistrate Judge Zia Faruqui said the case lacked probable cause, direct evidence, and a clear motive, calling it “not close” and “nothing.”
The judge also blasted the timing of the prosecution, noting that it landed ahead of the upcoming midterm elections and appeared politically motivated. While the dismissal ends the current charge, the Justice Department said it could still appeal the decision or try to obtain a grand jury indictment.
A Justice Department spokesperson said the department disagrees with the magistrate’s ruling and insists officials are not shielded from accountability for materially false statements to Congress. The spokesperson added that the department is weighing its options and will continue to be guided by facts, evidence, and law.
Floris, a former top intelligence analyst at the FBI’s Washington Field Office, and Benavides, a former deputy assistant director in the FBI’s Counterintelligence Division, had support outside the courtroom from several former senior Justice Department and FBI officials. Their attorneys called the complaint “slapdash” and “conspiracy-driven,” stressing that factual accuracy remains essential in court.
The case stemmed from testimony the pair gave to the House Judiciary Committee in 2023 about a counterintelligence operation known as “Round River,” which investigated alleged Russian disinformation involving Hunter Biden. Prosecutors claimed the officials misled Congress, but the magistrate found the government failed to meet the legal standards for false-statement charges, including proving the statements were false, knowingly made, and material to an investigation.
During the three-day hearing, FBI Special Agent Bryan Witt testified that the investigation was launched at the direction of FBI Director Kash Patel shortly after President Donald Trump’s televised remarks accusing intelligence officials of covering up Chinese interference in the 2020 election. Witt said he was worried the case could be viewed as politically driven.
Judge Faruqui pointed to procedural problems, including an unsigned superseding complaint and inadequate judicial review, and compared the hurried prosecution to earlier false-statement cases involving Michael Flynn and Lewis “Scooter” Libby. He concluded that the government had not established the required elements for a criminal charge and ordered the case dismissed.