Judge Dismisses DOJ Case Against Ex-FBI Officials Citing 'Weaponization'

Federal prosecutors lost their criminal case against two former FBI officials on Monday after a magistrate judge ruled the government's investigation was deeply flawed.

U.S. Magistrate Judge Zia Faruqui dismissed the charges against Bradley Benavides and Nikki Floris during a hearing in Washington, D.C. The pair faced allegations of lying to Congress in 2023 regarding their knowledge of the bureau's probe into Hunter Biden. Faruqui described the government's actions as a clear example of "weaponization."

The judge detailed several procedural errors that led to the dismissal. The investigation began on the orders of FBI Director Kash Patel the day after President Trump delivered a primetime address in mid-July urging the FBI to investigate. Faruqui noted that the alleged false statements were made in 2023, but the Justice Department waited three years to act. Charges were filed only two weeks before the midterm elections, despite a departmental policy against timing actions to influence the vote.

Faruqui also criticized the use of a criminal complaint, a document typically reserved for urgent situations like imminent danger or flight risks. He stated that none of those conditions existed here, noting that the only looming event was the election. "I will not bury my head in the sand and pretend I cannot read a calendar," he said. The judge suggested prosecutors might prefer to avoid a grand jury, citing the department's recent record of failed indictments in D.C.

A Justice Department spokesperson disagreed with the ruling in a statement, arguing that high-ranking officials are not 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 insisted its actions were guided by facts and law, not politics.

The dismissal leaves the case unresolved. Faruqui stated that prosecutors can still take the matter to a grand jury or appeal the decision to the district's chief judge. After the hearing, a group of former FBI officials gathered outside the court to support the defendants. Margeret Donovan, one of Floris' attorneys, called the case a "slap-dash complaint" that should never have been brought.

Floris was seen in tears hugging colleagues and Benavides as they left the courtroom. Donovan argued that the truth prevailed, stating that facts matter in a courtroom. The dismissal stands as a rare check on the Justice Department's recent high-profile prosecutions.