Judge dismisses fraud case against ex-FBI officials

U.S. Magistrate Judge Zia Faruqui dismissed the Justice Department's criminal case against two former FBI officials on Monday, rejecting charges that they lied to Congress about their knowledge of the bureau's investigations into Hunter Biden.

The timeline of the case drew sharp criticism from the court. FBI Director Kash Patel ordered the investigation into the agents 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. Despite the alleged false statements being made to Congress in 2023, the Justice Department waited three years to pursue the matter. Prosecutors then filed charges approximately two weeks before the midterm elections on Tuesday, a move that conflicts with department policy on timing actions to influence elections.

Faruqui described the government's approach as rushed and full of errors. He noted that prosecutors filed the case as a criminal complaint, a legal format usually reserved for urgent situations involving imminent danger or flight risks. None of those conditions existed here, the judge said. "The only event that was looming here," Faruqui said, "was the midterms." He added that he would not pretend he could not read a calendar or lobotomize himself to ignore the timing.

The judge also observed that prosecutors appeared reluctant to take the case before a grand jury. He cited the department's recent track record in Washington, D.C., where grand juries have refused to return indictments in several high-profile, politically charged cases. Faruqui stated that while he dismissed the current case, nothing stops prosecutors from seeking a grand jury indictment or appealing his decision to the district's chief judge.

In a statement, a Justice Department spokesperson said the department disagreed with the decision. The spokesperson argued that the ruling appeared to suggest high-ranking officials are immune from accountability for false statements. "We are evaluating all options but cannot comment further on an ongoing criminal investigation," the spokesperson said. The department said its actions would be guided by the facts, evidence, and law, not politics.

The hearing took place in federal court in Washington, D.C., and lasted about an hour. The courtroom was packed with former senior FBI officials. After the ruling, a group of former colleagues greeted Bradley Benavides and Nikki Floris outside the courtroom. Floris, who was in tears, hugged several former colleagues and Benavides. Margaret Donovan, one of Floris' attorneys, said the case should never have been brought. "This was a slap-dash complaint, spaghetti-at-the wall, Hunter Biden conspiracy fever dream," Donovan said. "But facts still matter in a courtroom. The truth still matters in a courtroom. And that's what we say prevailed today."

Faruqui called the situation a form of weaponization in his ruling from the bench. "I am deeply troubled by what has happened here," he said. "What transpired here cannot be described as anything other than weaponization." The dismissal concludes the initial phase of the prosecution, leaving the department to decide whether to appeal or seek a new indictment.