Judge throws out criminal case against two former FBI agents
Magistrate Judge Zia Faruqui ruled the government failed to establish probable cause regarding alleged lies told to Congress about the Hunter Biden laptop investigation.
By Alessia Romano ·
A federal judge dismissed a criminal complaint against two former FBI officials on Monday, ending the government's initial push to charge them with lying to lawmakers about the Hunter Biden laptop probe. Magistrate Judge Zia Faruqui determined that the Department of Justice had not met the legal standard for probable cause in the case against Nikki Floris and Bradley Benavides. The agents had testified before the House Judiciary Committee in 2023 regarding their specific roles in the investigation and the Foreign Influence Task Force.
The prosecution relied on a criminal complaint rather than submitting the case to a federal grand jury in Washington. This procedural choice bypassed a body of jurors who have recently shown skepticism toward politically sensitive indictments. That group recently rejected an attempt to indict Cassidy Hutchinson. The dismissal follows a preliminary hearing last week where an FBI agent expressed concern that the inquiry, directed by FBI Director Kash Patel, might appear political.
During that same hearing, a prosecutor acknowledged by phone that the initial complaint contained flaws. That prosecutor is Carlton Davis, a former Republican House staffer and senior aide to U.S. Attorney for the District of Columbia, Jeanine Pirro. Davis also played a role in a prior failed effort to indict six sitting members of Congress over a social media video that President Donald Trump opposed. Pirro's office did not immediately respond to requests for comment on the ruling.
Both Floris and Benavides faced intense scrutiny from allies of the president because they worked on security matters for the 2020 presidential election. Trump has claimed that election was stolen. Judge Faruqui had previously reprimanded the government for attempting to add charges by filing a new, unsigned complaint on the court docket without prior judicial permission.
Attorneys for Benavides released a statement praising the decision and labeling the accusations as political theater. The legal team stated that Benavides is a patriot and a public servant who is innocent. They expressed gratitude that the judge weighed what they called woefully inadequate evidence against the law and found the government could not meet the low burden of probable cause.
The defense warned against the government taking the case to a grand jury, a move that would allow prosecutors to shape the narrative in closed sessions. The lawyers noted that such a shift would prevent the defense from presenting their side of the story openly. The data from the abandoned computer at the center of the original probe eventually led to successful criminal charges against former President Joe Biden's son.
