Judge Dismisses Charges Against FBI Officials Accused of Lying About Hunter Biden

A federal judge on Nov. 2 threw out a criminal complaint against two former FBI officials involved in an investigation into Hunter Biden alleging they lied to Congress.

“I am deeply troubled by what has happened here in this case,” U.S. Magistrate Judge Zia Faruqui said in a ruling from the bench during a hearing in Washington. “What has transpired here cannot be described as anything other than weaponization.”

Faruqui dismissed the case against former officials Nikki Floris and Bradley Benavides.

“The Department disagrees with the Magistrate’s decision, which remarkably appears to suggest that high-ranking government officials are immune from accountability for making materially false statements to Congress,” a Department of Justice spokesperson told The Epoch Times in an email. “We are evaluating all options but cannot comment further on an ongoing criminal investigation. The Department’s actions will continue to be guided by the facts, the evidence, and the law—not politics.”

Ronald Safer, an attorney representing Benavides, told The Epoch Times via email: “We are gratified that Judge Faruqui considered the evidence and rejected the government’s case. Brad Benavides has devoted decades to public service, helping protect Americans from countless terrorist threats. The government’s attempt to tarnish his distinguished reputation for a political headline ahead of the midterm elections is inexcusable.”

Lawyers for Floris said the “so-called prosecution was nothing more than a politically motivated smear campaign aimed at scoring political points before the midterm elections” and that the charges should never have been brought.

The government charged Floris and Benavides in October with lying to Congress.

Floris and Benavides were both part of the FBI’s Foreign Influence Task Force.

Floris said during a congressional briefing that she did not know of a Senate report on Hunter Biden, the son of former President Joe Biden, and that she was not involved with the bureau’s investigation of Hunter Biden, according to charging documents.

Benavides said during a briefing that he did not know about the FBI probe until he read Wikipedia while preparing for the briefing.

However, according to emails and other evidence prosecutors obtained, both allegedly discussed the probe, including with agents on the team investigating Hunter Biden.

And in several emails in 2020, Floris circulated the Senate report detailing financial transactions between Hunter Biden and his associates and foreigners.

Faruqui on Monday said that prosecutors did not establish that any of the statements were intentionally false or that Floris and Benavides had any motive to deceive.

“Without motive, without direct evidence, I have nothing” to go on, Faruqui said.

Faruqui also noted the investigation into Floris and Benavides was opened a day after a speech by President Donald Trump in which he brought up grievances over his 2020 election loss.

The judge also said prosecutors could have brought the case, which covers comments made in 2023, at any time, but chose just before the Nov. 3 midterm election.

“I will not bury my head in the sand and pretend that I cannot read a calendar,” Faruqui said.

The Associated Press contributed to this report.