A federal magistrate judge in Washington, D.C., on November 2 dismissed a criminal complaint against former FBI officials Nikki Floris and Bradley Benavides. The two were accused of making false statements to Congress about the FBI’s investigation involving Hunter Biden’s laptop and their own roles in related work. The Associated Press reported that Magistrate Judge Zia Faruqui found the government had not established sufficient probable cause and sharply criticized the investigation and prosecution, describing what he saw as the “weaponization” of the Justice Department.
The case concerned statements the two former officials made during testimony before the House Judiciary Committee in 2023. Prosecutors alleged that they misrepresented their roles in the FBI’s Foreign Influence Task Force and in investigations involving Hunter Biden. NBC News reported that Faruqui found the government had not adequately shown that the officials knowingly made false statements or intended to mislead lawmakers. The judge also questioned the timing of the investigation and prosecution, which came close to the midterm elections.
During the hearing, Faruqui criticized what he viewed as serious problems in the investigation and noted that the case was brought shortly before an election even though the underlying testimony dated back several years. The Associated Press reported that the judge found the government’s materials did not meet the probable-cause standard required for the criminal complaint. The reporting also described testimony from an FBI agent involved in the investigation who had worried that the case would be perceived as political. The judge’s comments were criticisms of this investigation and prosecution, not a blanket ruling on every related political dispute.
The Justice Department said it disagreed with the judge’s decision and was evaluating available options. The department declined to comment further while the matter remained an ongoing criminal investigation. The Associated Press and NBC News reported that prosecutors could theoretically seek to present evidence to a federal grand jury and pursue an indictment. The dismissal of the current complaint therefore does not necessarily prevent another prosecution, and it is not the same as an acquittal after a jury trial.
The established result is that the judge dismissed the criminal complaint and found that the government had not met the probable-cause threshold on the materials presented. Neither former official was convicted in this case. Whether the Justice Department will pursue another route, whether it can produce additional evidence and how a later court would rule remain unknown. Coverage should distinguish the judge’s criticism of the process, the government’s allegations and any eventual determination of criminal liability.