Judge dismisses case against former FBI officials over Hunter Biden laptop

U.S. Magistrate Judge Zia Faruqui dismissed a federal criminal complaint against two former FBI officials on Monday. The judge ruled that the Department of Justice weaponized its prosecutorial power in the final days before the midterm elections. The decision effectively ends the current legal proceedings against Nikki Floris and Bradley Benavides, though the Justice Department retains the option to seek a new indictment.

Floris and Benavides were accused of lying to Congress regarding their knowledge of a laptop belonging to Hunter Biden. The computer was left at a repair shop in Wilmington, Delaware, in 2019. Prosecutors claimed the former officials downplayed their awareness of the device and related investigations during testimony before the House Judiciary Committee in 2023. Faruqui determined that the government failed to prove the statements were intentionally false or that they impeded the congressional inquiry.

The judge cited a lack of motive and direct evidence as primary reasons for the dismissal. Faruqui stated that without these elements, the court could not establish the probable cause necessary to sustain the complaint. He noted that the former officials had no clear reason to deceive the committee. This finding contradicted the prosecutor's argument that the agents sought to distance themselves from the Foreign Influence Task Force, a unit disbanded last year.

Faruqui described the investigation as rushed and marked by critical mistakes. The charges were filed through a criminal complaint rather than a grand jury indictment, a procedure typically reserved for urgent custody situations. The judge expressed surprise that the U.S. attorney's office avoided the grand jury process. He observed that the timing of the filing, just one day before Tuesday's election, suggested political intent.

During a three-day hearing last week, FBI Agent Bryan Witt testified that the investigation was viewed internally as a distraction. Witt said the case was assigned to his Kansas City, Missouri, office one day after President Donald Trump delivered a primetime speech on election security. The president had reiterated complaints about his loss to Joe Biden in 2020. Witt also stated that FBI Director Kash Patel demanded constant updates on the case, a practice he described as unusual.

The judge's ruling comes amid broader scrutiny of the Justice Department's handling of politically sensitive cases. Last week, the department failed to secure a grand jury indictment against Cassidy Hutchinson, a former White House staffer. Hutchinson had provided testimony against Trump during the House committee's investigation into the January 6, 2021, Capitol insurrection. Faruqui also criticized the department for filing an amended complaint with an additional charge overnight without first clearing it with the court.

Attorneys for Floris and Benavides called the prosecution a politically motivated smear campaign. They argued the charges should never have been brought under the current department's authority. Floris hugged supporters outside the courtroom after the ruling. The Justice Department issued a statement on X saying it disagreed with the decision and was evaluating its options.

The case stems from questions about a laptop whose existence was revealed in a New York Post story in October 2020. The report described emails concerning the younger Biden's foreign business dealings found on the computer. Floris and Benavides had led the FBI's Foreign Influence Task Force, which was established during the first Trump administration to monitor influence campaigns. Republican lawmakers in Congress had criticized the unit for years, particularly regarding its 2020 briefings on Russian disinformation.