A federal judge has dismissed criminal charges against two former senior FBI officials, sharply criticising the Justice Department for what he described as a politically motivated prosecution launched in the run-up to the US midterm elections.
US Magistrate Judge Zia Faruqui on Monday rejected the case against Nikki Floris and Bradley Benavides, finding that prosecutors had failed to establish sufficient evidence that the former FBI counterintelligence officials knowingly made false statements to Congress.
The judge’s ruling came just days before the midterm elections, which will determine control of Congress. He accused the Justice Department of rushing the investigation and departing from standard procedures, suggesting the timing of the charges was intended to influence the electoral contest.
“What has transpired here cannot be described as anything other than weaponization” of federal law enforcement, Faruqui said during the hearing.
The dismissal marks another setback for the Justice Department’s efforts to pursue investigations involving individuals viewed as political adversaries by President Donald Trump. The case had also drawn scrutiny over the administration’s influence on federal law enforcement during Trump’s second term.
Faruqui said the investigation was riddled with critical errors and questioned the decision to bring charges so close to the elections.
“I will not bury my head in the sand and pretend I cannot read a calendar,” the judge remarked, rejecting the suggestion that the timing was irrelevant.
The Justice Department said it disagreed with the decision and was considering its options.
“The Department’s actions will continue to be guided by the facts, the evidence, and the law – not politics,” a spokesperson said.
Prosecutors may attempt to revive the case by seeking a grand jury indictment. However, the department has faced difficulties securing grand jury approval in several high-profile cases during Trump’s second term.
Charges stemmed from Hunter Biden investigation
Floris and Benavides were accused of providing misleading testimony before the House Judiciary Committee in 2023 regarding their knowledge of and involvement in investigations concerning Hunter Biden, the son of former President Joe Biden.
The congressional inquiry focused in part on material recovered from Hunter Biden’s personal laptop, which became a major political issue ahead of the 2020 presidential election.
Both former officials had held senior positions within the FBI’s Foreign Influence Task Force, which was established to counter efforts by foreign governments, including Russia and China, to interfere in US elections.
According to the criminal complaint, the two officials allegedly denied or understated their involvement in certain events linked to the Hunter Biden investigations. Prosecutors relied on internal FBI records and witness interviews to support the allegations.
Faruqui, however, concluded that some of the statements cited by prosecutors were not false, while others could reasonably be explained as honest mistakes of memory.
Investigation’s origins questioned
The circumstances surrounding the investigation also came under scrutiny during court proceedings.
An FBI agent testified last week that the inquiry into Floris and Benavides began after Trump delivered a televised address in July on election security. During the address, Trump announced an investigation into whether US intelligence agencies had suppressed information concerning alleged Chinese interference in the 2020 election.
The following day, FBI Director Kash Patel directed the bureau’s Kansas City Field Office to examine Floris. She had previously questioned an FBI intelligence assessment claiming that China sought to influence the 2020 election in favour of Joe Biden.
The timing and origins of the investigation became central to concerns that the criminal case was politically driven rather than based on established evidence.
Floris broke down in tears after the ruling, embracing her lawyers and former senior FBI officials who had attended the hearing in support.
A lawyer representing Benavides described the prosecution as a reflection of the current Justice Department’s conduct.
Floris’ legal team said the case had been a politically motivated effort to damage the former officials and gain an advantage ahead of the midterm elections.
