Judge dismisses DOJ case against two former FBI officials
Magistrate Judge Zia Faruqui ruled the prosecution was rushed and politically timed, ending charges filed weeks before the midterm elections.
By Rebecca Svoboda ·
U.S. Magistrate Judge Zia Faruqui dismissed the Justice Department's criminal case against Bradley Benavides and Nikki Floris on Monday in Washington, D.C.
The two former FBI officials were charged approximately two weeks ago with lying to Congress in 2023 regarding their knowledge of the bureau's investigations into Hunter Biden. The case is one of several politically charged actions by the Justice Department under President Trump in the lead-up to the midterm elections held on Tuesday.
Faruqui described the government's investigation as rushed and riddled with errors. In a ruling from the bench, he stated, "I am deeply troubled by what has happened here. What transpired here cannot be described as anything other than weaponization."
The decision followed a preliminary hearing last week to determine probable cause. The judge noted that the investigation opened on orders from FBI Director Kash Patel the day after President Trump delivered a primetime address in mid-July. In that speech, Trump repeated claims about fraud in the 2020 election and urged the FBI to investigate.
Faruqui pointed out that the alleged false statements were made in 2023, yet prosecutors waited three years to bring the case. Charges were filed as a criminal complaint, a format typically reserved for urgent situations like imminent danger or statute of limitations deadlines. The judge observed that no such urgency existed, noting that the only looming event was the midterms.
"I will not bury my head in the sand and pretend I cannot read a calendar," Faruqui said. "I will not lobotomize myself that way." He added that prosecutors appeared to avoid a grand jury, likely due to the department's recent record in D.C. where grand juries have refused indictments in high-profile cases.
A Justice Department spokesperson disagreed with the decision, stating in a statement that the ruling suggests high-ranking officials are immune from accountability for false statements. The department said it is evaluating all options, including an appeal to the district's chief judge or seeking an indictment from a grand jury. After the hearing, Margaret Donovan, an attorney for Floris, said the case should never have been brought and that facts and truth prevailed.
