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Federal judge dismisses case against ex-FBI officials accused of lying about Biden laptop probe

World · 2 min · 2h ago · The Guardian, The Hill
Federal judge dismisses case against ex-FBI officials accused of lying about Biden laptop probe✓
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A federal judge on Monday dismissed charges against two former FBI officials who were accused of lying to Congress about their involvement in the federal investigation into Hunter Biden’s laptop.

Judge Zia Faruqui, a magistrate judge who sits on the federal bench in D.C., found no probable cause to support charges against Nikki Floris and Bradley Benavides, who were accused of making false statements during interviews with the House Judiciary Committee in 2023.

“There is no denying this investigation was rushed,” Faruqui said during a roughly hourlong hearing, later adding that it “cannot be described as anything other than weaponization” of the Justice Department (DOJ).

Faruqui oversaw several days of proceedings in which defense attorneys elicited testimony from an FBI special agent revealing that FBI Director Kash Patel directed the investigation into Floris and others the day after President Trump delivered a speech in the Oval Office in July rehashing claims of fraud and foreign interference in the 2020 election.

The agent, Bryan Witt, testified during those proceedings that he was concerned the case was a distraction and could be “viewed as political.” The judge found that “extremely troubling,” he said, noting the government’s longstanding practice of avoiding major investigative actions so close to an election.

“I will not bury my head in the sand,” Faruqui said of the timing. The criminal complaint against Floris and Benavides was filed on Oct. 20, two weeks before the midterms.

“I will not lobotomize myself in that way,” he added.

Prosecutors alleged that Floris and Benavides, both of whom worked in the FBI’s Foreign Influence Task Force (FITF), lied about their knowledge and involvement in the bureau’s investigations into Biden.

The controversy erupted just weeks before the 2020 presidential election when the New York Post published stories based on the contents of a laptop that a Delaware repair shop owner said Biden had left there and never picked up. The FBI seized the laptop in 2019, but a copy of the hard drive was given to Trump’s personal attorney Rudy Giuliani, who passed it to the news outlet.

The contents included emails related to the former president’s foreign business dealings, including one that hinted at an alleged meeting between then-Vice President Biden and an adviser to the Ukrainian gas company Burisma. The Biden campaign denied that a meeting ever occurred.

Federal investigators claim that Floris and Benavides “knew about, and were actively involved in” the FBI’s investigations, citing documents and witness accounts that purportedly showed the two regularly discussed it within the FITF and with other FBI officials.

But Witt’s testimony also revealed what Faruqui described as “critical mistakes” in the initial complaint. In addition to appearing political, the judge said the government’s case relied heavily on assumptions and prosecutors had not proved that the any of Floris or Benavides’ statements had a material effect on the House Judiciary probe.

The DOJ had also sought to bring obstruction charges against the two former officials last week, but Faruqui refused to sign off.

An attorney representing Floris said the case should have never been brought, criticizing it as a “slap dash complaint, spaghetti at the wall, Hunter Biden conspiracy fever dream.”

“But facts still matter in a courtroom. The truth still matters in a courtroom. And that’s what we saw prevail today,” Margaret Donavan said.

Federal prosecutors could still try to seek an indictment from a grand jury, which have shown more resistance to back charges in politically sensitive cases brought during the second Trump administration.

Updated at 11:52 a.m. EDT.

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