Judge drops case against two ex-FBI agents
Magistrate Judge Zia Faruqui ruled the government failed to prove probable cause that Nikki Floris and Bradley Benavides lied to Congress about the Hunter Biden laptop investigation.
By Kenji Hassan ·
A federal judge dismissed a criminal complaint against two former FBI officials on Monday, ending an effort to charge them with lying to lawmakers. Magistrate Judge Zia Faruqui determined that the government did not demonstrate probable cause that Nikki Floris and Bradley Benavides provided false testimony regarding their knowledge of the Hunter Biden laptop probe.
The complaint alleged that Floris and Benavides misrepresented their roles on the Foreign Influence Task Force and their specific duties in the FBI's investigation of Hunter Biden. They gave this testimony before the House Judiciary Committee in 2023. Data from the laptop at the center of that inquiry eventually led to criminal charges against Hunter Biden.
The case was filed via criminal complaint rather than being presented to a federal grand jury in Washington. Recent grand juries in that district have shown skepticism toward politically charged cases against perceived allies of former President Joe Biden. Jurors recently rejected an attempted indictment of Cassidy Hutchinson.
Evidence presented at a preliminary hearing last week contributed to the dismissal. An FBI agent testified that he was concerned the investigation, which was directed by FBI Director Kash Patel, might be viewed as political. He also noted that a prosecutor on the case had acknowledged via telephone that the complaint was flawed.
That prosecutor is Carlton Davis, a former Republican House staffer and top aide to U.S. Attorney Jeanine Pirro. Davis was also involved in a previous failed attempt to indict six sitting members of Congress over a social media video. Pirro's office did not respond to requests for comment on the ruling.
Floris and Benavides had faced heavy criticism from close allies of President Donald Trump. Both agents worked on security issues for the 2020 presidential election. Faruqui had previously criticized the government for filing a new unsigned complaint on the court docket without judicial permission in an attempt to add charges.
Attorneys for Benavides described the accusations as political theater in a statement. They called Benavides a patriot and a public servant who is innocent. The legal team expressed gratitude that the judge weighed the evidence against the law and found the government could not meet the low burden of probable cause. They warned against the government taking the case to a grand jury where the narrative can be shaped behind closed doors.
Source: WCAU
