By Karim Hammam
A federal magistrate judge on Monday dismissed a false-statements case against two former senior FBI agents accused of lying to Congress about past investigations of Hunter Biden. Magistrate Judge Zia Faruqui delivered a scathing rebuke of current FBI and Justice Department leadership from the bench, accusing them of seeking to influence the midterm elections.
Judge calls prosecution 'weaponization'
"What has transpired here cannot be described as anything other than weaponization," Faruqui said in tossing the case against former FBI officials Nikki Floris and Bradley Benavides. The dismissal followed days of public hearings the judge convened to test whether the government's case met the low bar of probable cause.
Case origins tied to Trump address
Testimony from the FBI agent who led the case revealed it was initiated only after President Donald Trump held a July address alleging widespread election fraud and corruption by the FBI under the Biden administration. The agent said the case was ordered directly by FBI Director Kash Patel.
Evidence falls apart under scrutiny
Prosecutors accused Floris and Benavides of lying to Congress when asked about federal investigations of Hunter Biden and the veracity of information allegedly found on his laptop. Under scrutiny, however, the case collapsed. Faruqui said "there is simply nothing" showing either agent intended to make false statements about the probes. "Without motive, without direct evidence, I have nothing," the judge said.
DOJ leadership criticized for public statements
Faruqui also faulted Patel, Attorney General Todd Blanche, and D.C. U.S. Attorney Jeanine Pirro for public statements maligning both agents despite the lack of evidence. He accused the DOJ of rushing to bring charges ahead of the midterms in apparent violation of a longstanding department practice that limits overt investigative steps in politically sensitive investigations within 60 days of an election. "I will not bury my head in the sand and pretend I cannot read a calendar," the judge said.
DOJ disagrees with ruling
A DOJ spokesperson said the department disagrees with the magistrate's decision, which "remarkably appears to suggest that high-ranking government officials are immune from accountability for making materially false statements to Congress." The department is evaluating all options but declined further comment on an ongoing criminal investigation.
First such finding in judge's tenure
Faruqui said it was the first time in his history on the bench that he had found the government failed to reach the relatively low burden of establishing probable cause. He warned the flawed prosecution and messaging by top administration officials would likely deter qualified investigators from joining the FBI and potentially threaten Congress's ability to get valuable testimony from future witnesses. "This case is marketing material to discourage people from joining the FBI," Faruqui said.
Next steps unclear
It is not immediately clear whether the government will seek to appeal Faruqui's ruling or attempt to charge Floris and Benavides through other means, such as filing an amended complaint or seeking an indictment in D.C. or another district.
