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Judge accuses DOJ of ‘weaponization,’ tosses case against ex-FBI officials
Developed over time first seen 1 day ago
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.
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In short
- A judge dismissed the complaint against two former FBI officials.
- He cited weak evidence, investigative errors and the case’s timing before the midterms.
- The Justice Department disputes the ruling and could pursue the case further.
How this story developed
- 5 hours ago 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.
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The case for
The judge’s account supports the view that the prosecution risked using criminal law for political ends: it followed a presidential speech, came shortly before an election and drew unusual attention from the FBI director. The complaint also failed, in the judge’s assessment, to establish probable cause that the former officials knowingly made material false statements, raising concerns about the investigation’s care and fairness.
The case against
The Justice Department can argue that allegations of lying to Congress warrant investigation regardless of the subjects’ former roles, and that a complaint is a lawful way to bring a case before a judge. The dismissal addressed whether this complaint established probable cause, not whether the officials were innocent; prosecutors may contend that further evidence or grand jury proceedings could support charges, while disputing the judge’s inference of political weaponization.
Explained simply
The US Justice Department, often called the DOJ, is the federal government’s main body for prosecuting crimes. The FBI investigates many federal offences, and its officials can be questioned by Congress, the legislature that makes laws and oversees government agencies.
Hunter Biden is the son of President Joe Biden, and FBI inquiries involving him became a subject of political debate. Nikki Floris and Bradley Benavides are former FBI officials accused of giving Congress false information about what they knew of those inquiries.
A criminal complaint is a formal accusation that can start a case, while an indictment is a charge approved by a grand jury. The dispute matters because it concerns how prosecutors use their powers and how courts assess allegations involving public officials.
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