Trump DOJ Suffers Court Setback as Judge Dismisses Case Against 2 Ex-FBI Officials in Hunter Biden Probe
Judge says prosecutors failed to show former FBI officials knowingly lied to Congress
Donald Trump's Justice Department has suffered a significant court setback after a federal magistrate judge dismissed a criminal complaint against two former senior FBI officials accused of lying to Congress about investigations involving Hunter Biden.
US Magistrate Judge Zia Faruqui dismissed the case against Nikki Cole Floris and Bradley Benavides on Monday after finding prosecutors had failed to establish probable cause that either knowingly made false statements.
'What has transpired here cannot be described as anything other than weaponisation,' Faruqui said during the hearing.
The judge sharply criticised the investigation as rushed and riddled with mistakes, raising concerns about its timing immediately before the US midterm elections.
Floris and Benavides had each been charged with making a false statement over testimony they gave to the Republican-led House Judiciary Committee in 2023 concerning their knowledge of FBI investigations linked to Hunter Biden.
The Justice Department announced the charges on 23 October.
Judge Finds Evidence Falls Short
Prosecutors alleged Floris and Benavides misled lawmakers about what they knew regarding FBI investigations surrounding Hunter Biden, including scrutiny of material from his laptop. Faruqui, however, concluded prosecutors had not presented sufficient evidence to show the former officials deliberately lied.
According to the judge, some of the statements identified by prosecutors were accurate, while others could reasonably have resulted from mistakes or imperfect memories rather than intentional deception.
The ruling came unusually early in the criminal process because the Justice Department proceeded through a criminal complaint rather than first obtaining an indictment from a federal grand jury.
Faruqui also criticised the broader circumstances surrounding the investigation, saying the prosecution risked undermining confidence in the Justice Department and discouraging people from serving in the FBI.
The investigation followed Trump's public calls for scrutiny of whether US intelligence agencies had suppressed information about alleged Chinese interference in the 2020 election. FBI Director Kash Patel subsequently assigned the inquiry to the bureau's Kansas City field office.
According to testimony in the proceedings, an FBI agent said Patel sought unusual and regular updates about the investigation.
DOJ Could Still Revive Case
The dismissal does not necessarily end the Justice Department's pursuit of Floris and Benavides. Prosecutors could attempt to revive the case by seeking an indictment from a federal grand jury. The Justice Department said it disagreed with Faruqui's decision and was evaluating its legal options.
'The Department disagrees with the Magistrate's decision,' a spokesperson said, arguing the ruling appeared to suggest senior government officials could avoid accountability for making materially false statements to Congress.
The department said it would continue to follow the evidence and law rather than politics. Lawyers for the former FBI officials have maintained that the prosecution was politically motivated and unsupported by the evidence.
The case also drew attention because of its timing and the unusually direct judicial criticism of the prosecution.
Faruqui warned that pursuing weak cases against former officials could damage confidence in federal law enforcement and create the perception that criminal investigations were being used for political purposes. His remarks added to broader scrutiny over how the Justice Department has handled politically sensitive cases involving former government officials.
The ruling nevertheless represents an immediate setback for a Justice Department prosecution that had drawn scrutiny over both its political context and the speed with which charges were brought.
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