Judge dismisses DOJ case against ex-FBI officials two weeks before midterms
Magistrate Zia Faruqui ruled the prosecution was rushed and filed in violation of department policy on election timing.
By James Brooks ·
U.S. Magistrate Judge Zia Faruqui dismissed the Justice Department's criminal case against two former FBI officials on Monday. The dismissal removes a politically charged legal action from the calendar just two weeks before the midterm elections.
Bradley Benavides and Nikki Floris faced charges of lying to Congress in 2023 regarding their knowledge of FBI investigations into Hunter Biden. The Department of Justice filed the criminal complaint against them approximately two weeks prior to the current election cycle.
During a hearing in federal court in Washington, D.C., Faruqui described the investigation as rushed and filled with errors. He stated that the actions taken by the government could be described as weaponization. The judge noted that the investigation began on the orders of FBI Director Kash Patel the day after President Trump delivered a primetime address in mid-July.
Faruqui pointed to specific procedural irregularities in the government's approach. The alleged false statements were made in 2023, but prosecutors waited three years to file charges. The department then moved forward despite a policy prohibiting actions timed to influence an election. The judge observed that the only looming event during the filing period was the midterm election.
The judge also criticized the use of a criminal complaint instead of a grand jury indictment. Criminal complaints are typically reserved for urgent situations involving imminent danger or statute of limitations issues, none of which applied here. Faruqui suggested prosecutors may have avoided a grand jury due to the department's recent history of failed indictments in Washington, D.C.
A Justice Department spokesperson disagreed with the ruling, arguing that high-ranking officials are not immune from accountability for false statements to Congress. The spokesperson said the department is evaluating all options and that its actions are guided by facts and law rather than politics. The department noted it cannot comment further on an ongoing criminal investigation.
Faruqui left the door open for prosecutors to seek a grand jury indictment or appeal his decision to the district's chief judge. He emphasized that his dismissal does not prevent the government from pursuing the case through other legal avenues. The ruling came after a days-long preliminary hearing last week that included testimony from an FBI agent involved in the case.
Margaret Donovan, an attorney for Floris, told reporters outside the packed courtroom that the case should never have been brought. She described the complaint as a slap-dash effort driven by conspiracy theories. Former FBI officials gathered outside to support Floris and Benavides following the dismissal.
