A federal magistrate judge has dismissed the charges against two former FBI officials, Nikki Floris and Bradley Benavides, who were accused of lying to Congress in the context of the Hunter Biden investigation. The judge, Zia Faruqui, ruled that the government did not provide sufficient evidence to establish probable cause for the allegations.
The case’s dismissal stems from the government’s failure to demonstrate that the former agents provided false testimony regarding their involvement in the investigation of Hunter Biden’s laptop. This investigation has been a significant point of contention, leading to various legal proceedings against Biden’s son based on data retrieved from the computer.
According to sources familiar with the case, the complaint was initially filed as a criminal complaint rather than being presented to a federal grand jury, where jurors have shown reluctance to pursue cases perceived as politically motivated against Trump’s adversaries.
The allegations against Floris and Benavides suggested they misrepresented their roles in the FBI’s Foreign Influence Task Force while testifying before the House Judiciary Committee in 2023. However, during a preliminary hearing, an FBI agent expressed concerns that the investigation could be seen as politically charged, and it was revealed that a prosecutor acknowledged the flaws in the complaint.
The ruling was welcomed by the attorneys representing Benavides, who characterized the charges as politically motivated. They expressed gratitude for the judge’s thorough evaluation of the evidence and emphasized their client’s innocence, referring to him as a patriot and public servant.
While the Justice Department could potentially revive the case by presenting it to a grand jury, such a move appears unlikely given the judge’s findings. The defense team remains apprehensive about the possibility of the government seeking charges in secret, limiting their ability to counter the narrative.
Photo credit: Jae C. Hong
