Case Against 2 Former FBI Officials in Hunter Biden Probe Dismissed by Judge

A federal magistrate judge dismissed the criminal complaint against two former senior FBI counterintelligence officials charged with lying to Congress about their involvement in the Hunter Biden investigation. The ruling came Monday after a marathon evidentiary hearing, with the judge condemning the case as politically charged and unsupported by evidence.

Judge Criticizes Justice Department and FBI for Weak Case

Magistrate Judge Zia Faruqui delivered a scathing, hour-long oral ruling in which he rebuked the Justice Department and FBI for what he described as a “slapdash” case lacking probable cause. He said there was no evidence that Nikki Floris or Bradley Benavides had committed a crime. “Without motive, without direct evidence, I have nothing,” Faruqui stated. “It’s not close. It’s nothing.” He further expressed deep concern about the case, calling it nothing less than “weaponization.”

Unusual Charging Process and Courtroom Developments

The criminal case against Floris and Benavides has been highly unusual from the start. Prosecutors filed a criminal complaint, a charging document typically reserved for urgent felony cases involving public safety or national security, rather than first securing a grand jury indictment. On the eve of the first court hearing, prosecutors submitted an unsigned, unsworn superseding complaint attempting to add obstruction of Congress charges—a move the judge struck from the record as improper and unprecedented. Nevertheless, the hearing proceeded over three days of testimony, culminating in the judge’s dismissal of the original complaint.

Testimony Reveals Political Pressure Behind Investigation

FBI Special Agent Bryan Witt, assigned to investigate the matter, testified candidly that the case was unlike any other in his career. He stated the investigation was launched at the direction of FBI Director Kash Patel, just one day after President Donald Trump gave a televised speech in July accusing intelligence officials of covering up China’s interference in the 2020 election. President Trump ordered the Justice Department to pursue prosecutions. Witt also acknowledged concerns within his Kansas City FBI field office that the investigation might be seen as a political “witch hunt.” Senior FBI officials, including deputy directors and Patel himself, consistently checked on the investigation’s progress.

Defense and Supporters React to Dismissal

Outside the courthouse, Nikki Floris, visibly emotional, embraced Bradley Benavides following the ruling. They were supported by numerous former senior Justice Department and FBI officials, including former Acting FBI Director Brian Driscoll and Steve Jensen, former head of the FBI’s Washington Field Office. Floris’ attorney Margaret Donovan called the case a “slapdash complaint, spaghetti at the wall, Hunter Biden conspiracy fever dream,” emphasizing, “But facts still matter in a courtroom.”

Judge Questions Timing and Political Motivations

Judge Faruqui questioned why the charges had to be brought in October 2026, noting there was no statute of limitations pressure. He speculated that the timing coincided only with the midterm elections, implying political motivations behind the prosecution. Quoting from the Justice Department Manual, he reminded that prosecutors should not take steps intended to influence elections. “I will not lobotomize myself in this way,” he said, refusing to ignore the political context of the case.

While the complaint has been dismissed, the Justice Department retains the option to appeal the ruling or pursue a grand jury indictment. CBS News has reached out to the Justice Department, FBI, and the D.C. U.S. Attorney’s Office for comment.