U.S. Magistrate Judge Zia Faruqui dismissed the Justice Department’s criminal case against former FBI officials Bradley Benavides and Nikki Floris on Monday. The two had been charged with lying to Congress in 2023 regarding their knowledge of FBI investigations into Hunter Biden. In his ruling, Faruqui expressed serious concerns about the government’s handling of the case, stating from the bench that the investigation constituted weaponization.
The charges were brought approximately two weeks prior to the midterm elections scheduled for Tuesday, prompting scrutiny from the judge regarding the timing. Faruqui noted that the investigation into Floris and Benavides was initiated on orders from FBI Director Kash Patel the day after President Trump delivered a televised address in mid-July in which he repeated claims about 2020 election fraud and called on the FBI to investigate. The alleged false statements at issue occurred in 2023, yet prosecutors waited three years before pursuing charges, the judge observed.
Faruqui identified additional procedural irregularities in the case’s handling. The charges were filed as a criminal complaint rather than through the traditional grand jury process, despite the absence of circumstances typically warranting such urgency—no imminent danger, statute of limitations deadline, or flight risk existed. The judge further noted that the only pressing deadline in the matter was the upcoming midterm election. He stated that prosecutors did not appear to pursue a grand jury indictment, possibly given recent difficulties securing indictments in the nation’s capital in other high-profile political cases under the Trump administration.
The Justice Department countered that it disagreed with the magistrate’s decision, asserting that government officials should be held accountable for materially false statements to Congress. A department spokesperson indicated that the DOJ is evaluating its options and reaffirmed its commitment to being guided by facts, evidence, and law rather than political considerations.
Faruqui’s dismissal does not prevent prosecutors from pursuing the case further. The Justice Department retains the option to present evidence before a grand jury to seek an indictment or to appeal the magistrate’s decision to the district’s chief judge.
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