Judge accuses DOJ of ‘weaponization,’ tosses case against ex-FBI officials

A federal magistrate judge in Washington dismissed a criminal complaint against former FBI officials Nikki Floris and Bradley Benavides on 2 November. Prosecutors had accused them of lying to Congress in 2023 about their knowledge of FBI inquiries involving Hunter Biden. Judge Zia Faruqui said the investigation had been rushed and contained serious errors. He found that the complaint did not establish probable cause that the officials had knowingly made false statements material to the congressional inquiry.

Faruqui described the case as a “weaponization” of the Justice Department. He cited its timing shortly before the midterm elections, the investigation’s launch after a speech by President Donald Trump, and the close attention it received from FBI Director Kash Patel. The judge also questioned why prosecutors used a criminal complaint instead of seeking a grand jury indictment. The Justice Department said it disagreed with the ruling and was considering its options. Prosecutors may still seek an indictment or appeal the dismissal.