FBI Probe: Judge calls 'weaponization' in case dismissal
U.S. Magistrate Judge Zia Faruqui rejected the criminal complaint against two former agents, citing timing and procedural errors.
By Michael Bennett ·
A federal judge on Monday dismissed a criminal complaint against two former FBI officials, stating the investigation was rushed and overtly political.
U.S. Magistrate Judge Zia Faruqui ruled that the case against Nikki Floris and Bradley Benavides was marked by critical mistakes. He described the legal action as a clear example of weaponization against the former agents.
The judge pointed to specific timeline irregularities in his decision. The investigation opened the day after President Donald Trump delivered a primetime speech in July. In that address, Trump renewed grievances regarding his 2020 election loss. FBI Director Kash Patel mandated the probe and monitored it closely.
Faruqui also noted that the Justice Department filed the complaint just two weeks before the midterm elections. The underlying statements made by the agents date back to 2023. The judge observed that prosecutors could have brought the case at any prior time but chose this specific window.
"I will not bury my head in the sand and pretend that I cannot read a calendar," Faruqui said from the bench.
The dismissal follows a preliminary hearing where the judge criticized prosecutors for unorthodox tactics. An FBI agent who worked the case testified that he feared the investigation would appear political. The agent confirmed the probe launched immediately following Trump's speech on election security.
The original complaint accused Floris and Benavides of misleading Congress in 2023. They allegedly provided false statements about their knowledge of efforts to investigate a laptop. The Justice Department says Hunter Biden dropped off that laptop at a Delaware computer repair shop in 2019.
The case also referenced a 2020 defensive briefing given to lawmakers. Republican Sens. Chuck Grassley of Iowa and Ron Johnson of Wisconsin claimed that briefing was used to link their investigation into the Biden administration to Russian disinformation. The Justice Department may still seek a grand jury indictment, but the dismissal represents a procedural setback in a politically charged prosecution.
