A federal judge on Monday dismissed a criminal complaint against former FBI officials Nikki Floris and Bradley Benavides, who had been accused of lying to Congress regarding an investigation into Hunter Biden. U.S. Magistrate Judge Zia Faruqui ruled from the bench that the prosecution was rushed and overtly political, describing the Department of Justice's actions as "weaponization."
The case centered on testimony provided to the House Judiciary Committee in 2023. Prosecutors alleged the two former officials downplayed their knowledge of a laptop reportedly belonging to the son of President Joe Biden. The laptop's existence was first publicized in October 2020. Floris and Benavides previously led the FBI Foreign Influence Task Force, a unit established to monitor foreign meddling in American politics that was disbanded by the Trump administration last year.
Judge Faruqui cited "critical mistakes" in the government's filing, including a claim that the officials were under oath during their 2023 testimony when they were not. During a three-day hearing, FBI agent Bryan Witt testified that the investigation was opened last July, one day after a speech by President Donald Trump regarding the 2020 election. Witt stated that FBI Director Kash Patel mandated the inquiry and requested constant updates, which Witt described as unusual.
The judge also questioned why the Justice Department utilized a criminal complaint rather than seeking a grand jury indictment, a move he said appeared to be an effort to avoid grand jury review. The ruling noted that the charges were filed two weeks before the 2026 midterm elections. Faruqui stated the government failed to establish that the defendants had a motive to deceive or that their statements were intentionally false.
For the public and federal workers, the ruling highlights internal friction within federal law enforcement, as evidenced by Agent Witt’s testimony that his office viewed the inquiry as a "witch hunt" and a "huge distraction." The ruling also underscores the difficulty the Justice Department has faced in securing indictments in Washington D.C., following a recent failure to secure a grand jury indictment against former White House staffer Cassidy Hutchinson.
What happens next: While the criminal complaint is dismissed, the Justice Department retains the legal option to pursue a formal indictment through a grand jury. No specific deadline for such a move was reported. The dismissal comes one day before the November 3, 2026, midterm elections, which will determine control of Congress for the remainder of President Trump's second term. As of November 2, no further court dates have been scheduled.