Judge tosses DOJ case against two ex-FBI officials, cites timing flaws

U.S. Magistrate Judge Zia Faruqui dismissed the Justice Department’s criminal case against two former FBI officials on Monday, ruling that the government’s handling of the matter constituted an abuse of power.

The case involved Bradley Benavides and Nikki Floris, who were charged around two weeks ago with lying to Congress in 2023 regarding their knowledge of the bureau’s investigations into Hunter Biden. The dismissal came at a hearing in federal court in Washington, D.C., where Faruqui described the government’s investigation as rushed and full of errors.

Faruqui stated from the bench that he was deeply troubled by the proceedings. He said the actions taken by the department could not be described as anything other than weaponization. The ruling followed a days-long preliminary hearing last week where the court examined whether probable cause existed for the charges.

The judge pointed to the timeline of the case as a primary reason for the dismissal. The investigation into Floris and Benavides was opened on orders from FBI Director Kash Patel the day after President Donald Trump delivered a primetime address in mid-July. In that speech, Trump urged the FBI to investigate and repeated claims about fraud in the 2020 election.

Faruqui noted that the alleged false statements were made to Congress in 2023, but the Justice Department waited three years to pursue the case. Prosecutors filed the charges approximately two weeks before the midterm elections. This timing occurred despite a departmental policy that prohibits actions designed to influence an election.

The judge also criticized the method used to file the charges. Prosecutors submitted a criminal complaint, a document typically reserved for urgent situations involving imminent danger, statute of limitations deadlines, or risks of flight. Faruqui observed that none of those factors existed in this case. He stated that the only looming event was the midterms.

Faruqui said he would not ignore the calendar while evaluating the case. He suggested that prosecutors may be reluctant to take the case before a grand jury. He noted that grand juries in Washington, D.C., have recently refused to return indictments in several high-profile political cases under the current administration.

A Justice Department spokesperson said in a statement that the department disagreed with the magistrate’s decision. The spokesperson argued that the ruling implied high-ranking officials were immune from accountability for false statements to Congress. The department said it is evaluating all options and will continue to be guided by facts, evidence, and law.

Faruqui stated that the dismissal does not prevent prosecutors from seeking an indictment through a grand jury or appealing the decision to the district’s chief judge. After the hearing, former FBI officials gathered outside the courtroom to greet the two defendants.

Floris, who had tears in her eyes, hugged several former colleagues before sharing an embrace with Benavides. Margaret Donovan, one of Floris’ attorneys, said the case should never have been brought. She described the complaint as a slap-dash effort driven by conspiracy theories, noting that the facts and truth prevailed in the courtroom.