Judge drops case against ex-FBI officials two weeks before midterms

U.S. Magistrate Judge Zia Faruqui dismissed the Justice Department's criminal case against two former FBI officials on Monday.

The decision came just 14 days before the midterm elections on Tuesday.

Faruqui described the government's pursuit of Bradley Benavides and Nikki Floris as a product of political pressure rather than standard legal procedure.

The judge called the process a form of weaponization during a hearing in federal court in Washington, D.C.

Prosecutors charged Benavides and Floris in late October with lying to Congress in 2023.

The allegations concerned their knowledge of FBI investigations into Hunter Biden.

Faruqui noted that the Justice Department waited three years to act on statements made in 2023.

The judge pointed out that the department filed the charges as a criminal complaint instead of going to a grand jury.

Criminal complaints are typically reserved for urgent situations involving flight risks or deadlines.

Faruqui stated that none of those conditions applied to this case.

He observed that the only looming event was the midterm election.

The judge said he would not pretend he could not read a calendar in that context. He also noted that the investigation began the day after President Donald Trump delivered a primetime address in July. In that speech, Trump urged the FBI to investigate his election fraud claims. Faruqui added that prosecutors might be avoiding a grand jury due to recent failures to secure indictments in high-profile cases in the capital. The Justice Department responded that it disagreed with the ruling. A spokesperson said the department is evaluating all options. The department stated its actions are guided by the facts and the law. Faruqui said prosecutors can still seek a grand jury indictment or appeal the decision to the district's chief judge. Former FBI officials gathered outside the courtroom after the hearing. Attorney Margaret Donovan said the case should never have been brought. She called the complaint a spaghetti-at-the-wall fever dream. Faruqui said the government had no case. He described the investigation as rushed and riddled with errors. The judge expressed deep trouble over the events. He said the situation could only be described as weaponization. Floris and Benavides were charged around two weeks ago. The case was one of several politically charged actions by the Justice Department under the Trump administration. Faruqi laid out his basis for the decision over the course of an hour. The courtroom was packed with former senior FBI officials. Floris hugged former colleagues outside the court after the ruling. The judge noted that the investigation opened on the orders of FBI Director Kash Patel. He said the department waited three years to pursue the case. The spokesperson said the department cannot comment further on an ongoing criminal investigation. The department said it will continue to be guided by the evidence. Faruqui said nothing stops prosecutors from trying to secure an indictment. He noted the poor track record of grand juries in Washington, D.C. under the current administration. Several grand juries have refused to return indictments in recent high-profile cases. The judge said he would not lobotomize himself to ignore the timing. He emphasized that facts and truth matter in a courtroom. Donovan said the government had no case. The judge described the complaint as a slap-dash effort. He said the timing was unusual for a criminal case. The department said it disagrees with the magistrate's decision. The spokesperson said high-ranking officials are not immune from accountability. Faruqui said the investigation was opened shortly after Trump's July address. He noted the false statements were made to Congress in 2023. The judge said the department waited three years to act. He said the charges were filed as a criminal complaint. He noted that criminal complaints are for urgent situations. He said no such urgency existed here. The only looming event was the midterms. He said he would not bury his head in the sand. He said he would not pretend he cannot read a calendar. The judge said prosecutors appear not to want a grand jury. He cited the department's recent record in the capital. Several grand juries have refused to indict in high-profile cases. The judge said prosecutors can still go to a grand jury. He said they can also appeal to the chief judge. Former officials greeted the two defendants outside. Floris cried and hugged colleagues. Donovan said the case was a fever dream. She said the truth prevailed in the courtroom. The judge said the government had no case. He described the process as weaponization.