Judge dismisses fraud charges against ex-FBI agents citing political timing

A federal judge in Washington dismissed criminal charges against two former FBI officials on Monday, determining that the government failed to prove they intentionally lied to Congress.

U.S. Magistrate Judge Zia Faruqui issued the ruling during a hearing in the nation's capital. He described the investigation into Nikki Floris and Bradley Benavides as rushed and flawed. The judge noted that the timing of the filing coincided with the period immediately preceding the midterm elections.

The legal dispute began in 2019 when Hunter Biden left a laptop at a computer repair shop in Wilmington, Delaware. The device was publicly identified in October 2020 through a report by The New York Post. Floris and Benavides led the FBI Foreign Influence Task Force, a unit created to monitor foreign interference in U.S. politics. The Trump administration disbanded that task force last year. Prosecutors argued the two men minimized their knowledge of the laptop while testifying before the House Judiciary Committee in 2023.

The judge found that prosecutors did not establish that the officials' statements were intentionally false. He stated that the government failed to show how any inaccuracies affected the lawmakers' investigation. Furthermore, he found no evidence of a motive for deception. Faruqui noted that the complaint contained errors, including a claim that the officials were under oath when they were not. He observed that the Justice Department filed a criminal complaint rather than seeking a grand jury indictment, a step he said avoided additional scrutiny.

Faruqui expressed concern about the proximity of the charges to the election day, which will determine congressional control for the final two years of President Trump's term. He said the department could have sought an indictment at any time but chose a filing that appeared politically motivated. The judge also cited a preliminary hearing where the department added a new charge overnight without prior court clearance.

During a three-day hearing last week, FBI agent Bryan Witt testified that the investigation was viewed internally as a distraction. Witt stated the case was opened one day after President Trump delivered a primetime speech about election security. The agent said FBI Director Kash Patel requested constant updates on the probe. Faruqui used this testimony to support his finding that the rush to charge led to critical mistakes in the complaint.

The Justice Department retains the option to pursue a grand jury indictment despite this dismissal. The department has faced difficulty securing such indictments in politically sensitive cases during the current administration. Last week, a grand jury did not indict Cassidy Hutchinson, a former White House staffer who testified regarding events from January 6, 2021.

Attorneys for Floris and Benavides issued a statement following the ruling. They described the prosecution as a politically motivated smear campaign designed to gain advantage before the elections. They argued that the charges should not have been brought under the authority of the current Justice Department. Floris hugged supporters outside the courtroom after the decision was read.

The case hinges on questions about the laptop's contents and the role of the FBI's foreign influence unit. A prosecutor argued last week that the officials had an incentive to downplay the laptop because President Joe Biden was in office at the time. They also sought to distance the unit from a narrative suggesting Russian connections to the device. Defense lawyers challenged that motive, and the judge agreed that a plausible reason for intentional falsehood was not identified.

The dismissal leaves the two former officials without pending criminal charges from this specific complaint. The government has not announced whether it will file a new indictment or drop the matter entirely. The decision was read from the bench in a ruling that lasted approximately one hour.