WASHINGTON — A federal judge on Monday dismissed charges against two former FBI officials, Nikki Floris and Bradley Benavides, who were accused of lying to Congress about the Hunter Biden laptop investigation.
Magistrate Judge Zia Faruqui granted the defense motion to dismiss, ruling the government failed to establish probable cause. In a sharply worded hearing, Faruqui said he was "deeply troubled" by the case, stating it was built on assumptions and began at the direction of former President Donald Trump.
"I am deeply troubled by what has happened in this case," Faruqui said. "The case could not be seen as anything other than weaponization."
The dismissal follows weeks of testimony revealing the investigation's origins. FBI Agent Bryan Witt, called by defense attorneys, said the probe was initiated after Trump, during a July primetime address, attacked officials who questioned an FBI report on Chinese election interference. Witt said FBI Director Kash Patel sent a letter the following day demanding an investigation into the officials for possible conspiracy charges.
The "predication" for the case, Witt testified, was the officials' belief that the intelligence community suppressed or held back information derogatory to the Bidens. Witt said he found no evidence the former officials had a motive to lie and that there was no evidence the House Judiciary Committee's investigation was slowed or changed based on their answers.
The judge noted a critical flaw in the prosecution's case: the staff member prosecutors relied on to establish the defendants' testimony was untrue had not attended one of the interviews nor reviewed the years-old transcripts. Instead, Witt testified, a phone call with the staff member occurred on Monday, following the initial complaint.
Dozens of former FBI officials attended the hearing, including former Acting Director Brian Driscoll. At multiple points, prosecutors attempted to limit questions about the investigation's origins, arguing such matters were for later hearings. But Faruqui was unswayed, stating without motive, he had "nothing" to support a finding of probable cause.
The case stemmed from statements Floris and Benavides made during two meetings on Capitol Hill about their knowledge of the Hunter Biden laptop and related investigations. The judge's ruling means the charges will be dismissed, though the Justice Department may appeal.
This story was updated with additional information.
