A federal judge tossed the case against two former FBI officials accused of lying to Congress about Hunter Biden’s laptop, ruling that prosecutors never showed the officials knowingly lied.
Story Snapshot
- A judge dismissed the case against former FBI officials Nikki Cole Floris and Bradley Benavides for lack of probable cause.
- He called the case a “rush job” and said what happened “cannot be described as anything other than weaponization.”
- Prosecutors had charged both with lying to the House Judiciary Committee in 2023 about the Hunter Biden investigations.
- The Justice Department could still ask a grand jury to indict them, or ask a higher judge to review the ruling.
What The Judge Decided And Why It Matters
On Monday, November 2, U.S. Magistrate Judge Zia Faruqui threw out the criminal complaint against Nikki Cole Floris and Bradley Benavides. A magistrate judge handles the early stages of federal criminal cases in Washington, D.C. Faruqui ruled from the bench after an hourlong hearing. He found prosecutors had not shown probable cause, meaning enough evidence to reasonably believe a crime took place, that either official knowingly lied to Congress.
Faruqui said he found no evidence that the two knowingly said anything false to the committee, according to reports. He also said many of the statements the government called false were not false at all. He called the government’s case “word salad” and added, “It’s not close, it’s nothing.” The ruling does not decide whether their testimony was true. It means the charges, as filed, did not meet the legal bar to go forward.
Who They Are And What They Were Accused Of
Floris, 46, led the FBI’s Foreign Influence Task Force from mid-2019 to mid-2022. The task force worked on election security and has since been shut down. Benavides, 56, was a section chief on the task force through the 2020 election. Both surrendered on arrest warrants on Friday, October 23.
Prosecutors said Floris told the House Judiciary Committee in 2023 that she took part in no discussions about Hunter Biden while on the task force. They said Benavides told the committee he learned the FBI had Hunter Biden’s laptop only from a 2023 Wikipedia article. The government said records and witnesses contradicted both accounts. Their lawyers denied any wrongdoing. FBI Director Kash Patel said in the charging announcement that one of the two was “on record privately claiming to be ‘running a shadow government’” during the 2020 election.
The Judge’s Case Against The Prosecution
Faruqui said the case was rushed and political, and that “the rush to charge here led to critical mistakes.” An FBI agent testified at a hearing the week before that Patel assigned the probe the morning after a prime-time speech by President Trump. The agent also said he worried the investigation would be seen as “political.” The judge pointed to the timing, noting the midterm elections fall on Tuesday, November 3. “I will not bury my head in the sand,” he said.
The judge also faulted how the case was brought. Prosecutors used a criminal complaint, a charge filed by a prosecutor, instead of an indictment, which a grand jury of citizens must approve. Overnight before a hearing on Tuesday, October 27, prosecutors filed an amended complaint that added an obstruction charge. It was unsigned and did not have the judge’s required approval, and Faruqui scolded them for it.
What Comes Next
Lawyers for Benavides praised the ruling and called the case “political theater.” “Bradley Benavides is a patriot,” they said. They added they hope the government does not take the case to a grand jury “behind closed doors.” The office of U.S. Attorney Jeanine Pirro, which brought the charges, did not immediately respond to a request for comment, according to reports.
The Justice Department has not said whether it will appeal. It could ask Chief Judge James Boasberg to review the ruling, or it could seek an indictment from a grand jury. Faruqui said it was “self-evident” the government had been avoiding a grand jury, and noted that one attempt to get an indictment during the hearings failed. For readers who want accountability on the Hunter Biden laptop, the ruling is a reminder that a case has to be built on solid proof to hold up in court.
Sources:
pbs.org, nbcwashington.com, rollcall.com, cnbc.com, justice.gov, pbs.org
