Judge dismisses fraud case against ex-FBI officials days before midterms

U.S. Magistrate Judge Zia Faruqui dismissed the federal fraud case against two former FBI officials on Monday. The decision came days before the midterm elections on Tuesday. Faruqui described the government's handling of the case as a clear example of political weaponization. He criticized the prosecution for rushing the process and making multiple errors.

Bradley Benavides and Nikki Floris were charged around two weeks ago. They faced accusations of lying to Congress in 2023 about their knowledge of FBI investigations into Hunter Biden. The investigation began the day after President Trump delivered a primetime address in mid-July. In that speech, Trump urged the FBI to look into the matter. Faruqui noted that the Justice Department waited three years to file charges for statements made in 2023.

The judge pointed to a specific Justice Department policy that prohibits timing actions to influence an election. Despite this rule, prosecutors filed the charges shortly before the midterms. Faruqui also criticized the use of a criminal complaint rather than a grand jury indictment. He stated that complaints are usually reserved for urgent situations like imminent danger or flight risks. None of those conditions applied here. The only looming event, he said, was the election itself.

Faruqui said he would not pretend not to read the calendar. He suggested prosecutors might prefer to avoid a grand jury given recent failures in Washington, D.C. The judge left the door open for prosecutors to seek a grand jury indictment or appeal his decision to the district's chief judge. A Justice Department spokesperson said the department disagrees with the ruling. The spokesperson argued that high-ranking officials should not be immune from accountability for false statements. The department said it is evaluating all options.

Many former senior FBI officials attended the hearing. Outside the courtroom, they gathered to support Floris and Benavides. Floris was seen crying as she hugged colleagues. Margaret Donovan, one of Floris' attorneys, said the case should never have been brought. She called the complaint a slap-dash effort driven by conspiracy fever. She stated that facts and truth prevailed in the courtroom today.

The preliminary hearing lasted several days earlier in the week. It included testimony from an FBI agent who investigated the case. Faruqui spent about an hour laying out his reasons for the dismissal. The courtroom was packed with observers. The judge emphasized that the investigation was opened on the orders of FBI Director Kash Patel. He described the timing and method of the charges as unusual and inconsistent with standard practice.

The dismissal removes the immediate legal threat against the two officials. They are no longer facing criminal charges in this specific case. Prosecutors retain the right to bring new charges or appeal. The next step depends on the decision made by the Justice Department. The midterm elections will proceed as scheduled on Tuesday.