A federal judge in Washington dismissed the Justice Department's case against two former FBI officials on Monday, November 2, sharply criticizing prosecutors over their handling of allegations involving congressional testimony about investigations into Hunter Biden. Multiple news outlets reported that Magistrate Judge Zia Faruqui described the prosecution as an instance of government "weaponization."
The case concerned Nikki Floris and Bradley Benavides, who were accused of lying during testimony before the House Judiciary Committee in 2023. According to MS NOW, Faruqui said the government had not established probable cause or produced evidence showing that the former officials knew their statements were false.
During the hearing in U.S. District Court, Faruqui expressed deep concern about the prosecution and accused the department of pushing the case forward improperly before the midterm election. He also apologized to the government lawyers tasked with defending it, saying it was unfair to place them in that position given the case's flaws.
The Justice Department told CNBC that it disagreed with the ruling and was considering its options. It declined to discuss the matter further, citing an ongoing criminal investigation. The department also said its actions would remain grounded in facts, evidence and the law, rather than political considerations.
Lawyers for both former officials welcomed the dismissal outside the courthouse later Monday morning. An attorney for Floris said prosecutors should never have filed the case and argued that the judge's findings demonstrated the government had no basis for bringing it.
An attorney for Benavides said the defense hoped the department would not attempt to continue the prosecution by asking a grand jury for an indictment. The lawyer expressed concern that prosecutors could present their account in a closed proceeding without the defense having an opportunity to offer its side.
Prosecutors had proceeded without a grand jury indictment when they announced the allegations on October 23. Instead, they obtained a criminal complaint, which requires only a judge's signature. Such complaints are often used to secure arrest warrants when prosecutors need to act quickly, although the alleged conduct in this case had occurred years earlier.
Faruqui had already questioned that approach and, the previous week, refused to approve a superseding complaint seeking to add an obstruction charge against Floris and Benavides. At a hearing the previous Tuesday, he challenged prosecutors' interpretation of the law and asked why they had departed from established charging practices for this particular case.
