Midterm Timing: Judge Dismisses Charges Against Two Ex-FBI Agents

A federal judge dismissed criminal charges against two former FBI officials on Monday, citing the proximity of the filing to Tuesday's midterm elections. U.S. Magistrate Judge Zia Faruqui rejected a complaint alleging that Nikki Floris and Bradley Benavides lied to Congress about Hunter Biden. The ruling followed an hourlong reading from the bench in which the judge described the case as an example of "weaponization" by the Justice Department.

Faruqui stated that the investigation was rushed and contained "critical mistakes." He noted that the Justice Department could have sought an indictment at any time but instead filed a criminal complaint just before the vote. "I will not bury my head in the sand and pretend that I cannot read a calendar," Faruqui said. The election will determine control of Congress for the final two years of President Donald Trump's second term.

The case stems from testimony given in 2023 by Floris and Benavides. Both were leaders of the FBI Foreign Influence Task Force. Prosecutors accused them of falsely downplaying their knowledge of investigations into Hunter Biden. Specifically, the complaint alleged they minimized their awareness of a laptop that Hunter Biden left at a computer repair shop in Wilmington, Delaware, in 2019.

During a three-day hearing last week, an FBI agent named Bryan Witt provided testimony that supported the defense. Witt had been assigned to the case in his Kansas City, Missouri, office. He described the inquiry as a "witch hunt" and a "huge distraction" from his regular duties. Witt stated that the investigation began one day after President Trump delivered a primetime speech regarding his 2020 election loss. He also noted that FBI Director Kash Patel demanded constant updates, a practice Witt called unusual.

Faruqui pointed out specific errors in the government's filing. The complaint claimed the officials provided sworn testimony to the House Judiciary Committee. However, they were not under oath at the time. The judge also criticized the department for filing an amended complaint overnight with an additional charge. He said he had never seen the new charge added to the docket without first being cleared by the court.

The judge questioned why the case was brought via criminal complaint rather than through a grand jury indictment. An indictment requires approval from a group of citizens. Faruqui said it was self-evident that the U.S. attorney’s office was avoiding a grand jury. This follows a recent failure by the Justice Department to secure a grand jury indictment for Cassidy Hutchinson, a former White House staffer.

Defense attorneys for Floris and Benavides issued a statement following the ruling. They described the prosecution as a "politically motivated smear campaign" intended to score points before the midterms. "The charges brought under the clearly discredited authority of the Department of Justice should never have been brought in the first place," the lawyers said. Floris hugged supporters outside the courtroom after the decision.

The dismissal does not permanently end the matter. The Justice Department retains the option to pursue an indictment. The department has struggled to persuade grand juries in the nation’s capital to return indictments in politically charged cases. The next scheduled step is up to prosecutors, who can choose to seek a new indictment or drop the case entirely.

The underlying dispute involves a laptop that was publicly disclosed in October 2020. The New York Post reported on its contents at that time. Floris and Benavides led the Foreign Influence Task Force, which was disbanded last year. They faced accusations that they minimized the laptop's connection to potential foreign disinformation. Judge Faruqui ruled that prosecutors failed to establish a clear motive for deception or prove that the statements were intentionally false.