Judge Throws Out Case Against Two Ex-FBI Officials, Calls Pre-Election Prosecution 'Weaponization'
Magistrate Judge Zia Faruqui found no probable cause that Nikki Floris or Bradley Benavides lied to Congress. The Justice Department says it disagrees.
By Watchman Report staff ·

A federal magistrate judge in Washington on Monday dismissed a criminal complaint charging two former senior FBI counterintelligence officials, Nikki Floris and Bradley Benavides, with lying to Congress about their roles in the bureau's Hunter Biden investigation, CBS News reported.
In an hour-long oral ruling, Magistrate Judge Zia Faruqui said the government had not shown probable cause on any element of the offense. "Without motive, without direct evidence, I have nothing," he said. "What has transpired here can't be described as anything other than weaponization." He asked why the case had to be charged in October 2026 and said there was "no other event on the calendar, except for the midterm elections."
An FBI agent testified during the three-day hearing that the case was opened at the behest of FBI Director Kash Patel, according to CBS News. A Justice Department spokesperson said the department "disagrees with the Magistrate's decision" and is "evaluating all options." The department could appeal or seek a grand jury indictment.
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