Federal magistrate tosses weak case against former FBI officials over Hunter Biden testimony
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A U.S. magistrate judge shut down a flimsy criminal complaint accusing two former FBI counterintelligence officials of lying to Congress about the bureau’s Hunter Biden probe, citing a lack of evidence, probable cause, and even basic legal footing.
A federal magistrate judge dismissed a criminal complaint that charged former senior FBI counterintelligence officials Nicole Floris and Bradley Benavides with giving 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, saying it coincided with the upcoming midterm elections and appeared politically motivated. Although the dismissal ends the current charge, the Justice Department said it could still appeal the ruling or seek a grand jury indictment.
A Justice Department spokesperson said the department disagrees with the magistrate’s decision and that officials are not immune from accountability for materially false statements to Congress. The spokesperson added that the department is evaluating 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, were backed outside the courtroom by several former senior Justice Department and FBI officials. Their attorneys described the complaint as “slapdash” and “conspiracy-driven,” stressing that factual accuracy remains essential in court.
The case arose from testimony the pair gave to the House Judiciary Committee in 2023 regarding a counterintelligence operation known as “Round River,” which examined alleged Russian disinformation involving Hunter Biden. Prosecutors argued 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, 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 said he was concerned the case could be seen 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 earlier false-statement cases involving Michael Flynn and Lewis “Scooter” Libby. He concluded that the government had not shown the necessary elements for a criminal charge and ordered the case dismissed.