Federal magistrate dismisses case against former FBI officials over Hunter Biden testimony

A federal magistrate judge dismissed a criminal complaint that charged former senior FBI counterintelligence officials Nicole Floris and Bradley Benavides with providing 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, describing it as “not close” and “nothing.”

The judge also criticized the timing of the prosecution, noting it coincided with the upcoming midterm elections and appeared to be politically motivated. While the dismissal ends the current charge, the Justice Department indicated it could appeal the decision or seek a grand jury indictment.

A Justice Department spokesperson said the department disagrees with the magistrate’s ruling and that officials are not immune from accountability for materially false statements to Congress. The spokesperson added that the department is evaluating 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, were supported outside the courtroom by several former senior Justice Department and FBI officials. Their attorneys described the complaint as “slapdash” and a “conspiracy-driven” effort, emphasizing that factual accuracy remains essential in court.

The case originated from testimony the pair gave to the House Judiciary Committee in 2023 regarding a counterintelligence operation known as “Round River,” which investigated alleged Russian disinformation involving Hunter Biden. Prosecutors argued the officials had misled Congress, but the magistrate found the government failed to meet the legal standards for false-statement charges, including proving the statements were false, made knowingly, and material to an investigation.

During the three-day hearing, FBI Special Agent Bryan Witt testified that the investigation was initiated 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 expressed concern that the case could be perceived as politically driven.

Judge Faruqui cited procedural errors, including the use of an unsigned superseding complaint and insufficient judicial review, and compared the rushed prosecution to prior false-statement cases involving Michael Flynn and Lewis “Scooter” Libby. He concluded that the government had not demonstrated the requisite elements for a criminal charge and ordered the dismissal of the case.