Judge Throws Charges Against Former Officials Into Doubt Over Timing Concerns
Judge challenges the investigation
U.S. Magistrate Judge Zia Faruqui dismissed the case on Monday, saying the investigation that led to the charges showed serious flaws. He described the matter as “weaponization,” according to his remarks from the bench.
Faruqui noted that the inquiry began a day after Trump delivered a primetime speech revisiting his 2020 election defeat. He also said FBI Director Kash Patel had ordered the investigation and monitored it closely.
The judge questioned why prosecutors had used a criminal complaint rather than seeking an indictment from a grand jury. He also criticized prosecutors for adding a charge through an overnight filing without first obtaining the court’s approval.
Timing drew scrutiny
The allegations concerned statements Floris and Benavides made to Congress in 2023 about their knowledge of efforts to investigate a laptop associated with Hunter Biden. The Justice Department says the laptop was left at a Delaware computer repair shop in 2019.
At a preliminary hearing the previous week, an FBI agent who worked on the case testified that the inquiry began after Trump’s election security speech the prior July. The agent said he worried the investigation could be viewed as political.
Case may continue
The Justice Department could still ask a grand jury to indict the two former officials. Their lawyers had sought to have the charges dismissed. The case also addressed Republican complaints that the FBI suppressed information during the 2020 presidential campaign that could have hurt the Biden family. The complaint cited a 2020 briefing Floris and Benavides gave lawmakers, which Republican Senators Chuck Grassley and Ron Johnson said was used to undercut their inquiry and tie it to Russian disinformation.
Joe Biden, the Democratic candidate, defeated Trump, the Republican incumbent, in the 2020 election. The dismissal adds to the Justice Department’s difficulties securing indictments in politically charged cases in Washington.
Key points
- A federal judge dismissed the complaint against former FBI officials Nikki Floris and Bradley Benavides.
- Judge Zia Faruqui criticized the investigation’s handling and its timing before midterm voting.
- The Justice Department may still seek a grand jury indictment.
- The case concerned statements to Congress about Hunter Biden and a laptop investigation.