Judge dismisses DOJ case against ex-FBI agents two weeks before midterms

U.S. Magistrate Judge Zia Faruqui dismissed the Justice Department's criminal case against two former FBI officials on Monday. The dismissal came after a days-long hearing where Faruqui described the government's investigation as rushed and filled with errors. He specifically accused the department of weaponizing the legal process against Bradley Benavides and Nikki Floris.

The two former officials were charged roughly two weeks ago. They faced allegations of lying to Congress in 2023 regarding the FBI's investigations into former President Joe Biden's son, Hunter Biden. This action is part of a series of politically charged moves by the Justice Department under President Trump leading up to the midterm elections scheduled for Tuesday.

Faruqui laid out his reasoning during an hour-long session in a packed federal courtroom in Washington, D.C. Many former senior FBI officials attended the hearing. The judge noted that the investigation began on the order of 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 conduct investigations.

The timing of the charges drew specific criticism from the bench. Faruqui pointed out that the alleged false statements occurred in 2023, yet prosecutors waited three years to act. They filed charges just two weeks before the midterms, despite a departmental policy against timing actions to influence an election. The judge also noted the use of a criminal complaint, a document typically reserved for urgent situations like an imminent danger or a statute of limitations deadline. None of those factors were present here.

"I will not bury my head in the sand and pretend I cannot read a calendar," Faruqui said from the bench. "I will not lobotomize myself that way." He added that he was deeply troubled by the events and believed the situation could only be described as weaponization. He also suggested prosecutors might avoid a grand jury due to the department's recent record in Washington, D.C., where such bodies have frequently refused to return indictments in high-profile cases.

A Justice Department spokesperson disagreed with the ruling in a statement. The spokesperson said the department believes high-ranking officials are not immune from accountability for false statements to Congress. The department is currently evaluating its options, including an appeal to the district's chief judge or taking the case to a grand jury.

After the hearing, Floris and Benavides were greeted by former colleagues outside the courtroom. Floris, with tears in her eyes, hugged several former agents. Margaret Donovan, one of Floris' attorneys, stated that the government had no case. She described the complaint as a slap-dash effort driven by conspiracy theories, arguing that the facts and truth prevailed in the courtroom.