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Judge throws out case against two ex-FBI officials accused of lying to Congress

Magistrate Judge Zia Faruqui found no probable cause and called the prosecution "weaponization," but prosecutors could still seek a grand jury indictment.

28 news outlets reported this
Liberal13 outletsA judge's rebuke of a politicized Justice DepartmentCenter6 outletsCharges dismissed, with no grand jury behind themConservative9 outletsHow the hearings unraveled the government's case
Published 3 min read
Overview

On Monday, a federal magistrate judge in Washington threw out the criminal complaint against Nikki Floris and Bradley Benavides, two former officials. Prosecutors had accused them of lying to about what they knew of the bureau's Hunter Biden investigations. Judge Zia Faruqui ruled from the bench in a decision lasting nearly an hour.

He found the government had not shown probable cause that the pair misled Judiciary Committee in 2023. He said what happened "cannot be described as anything other than weaponization." Prosecutors filed the charges about two weeks earlier, ahead of the elections, by criminal complaint rather than through a .

At a preliminary hearing before the ruling, FBI agent Bryan Witt testified that the inquiry began after a July speech by President Trump on election security. He said FBI Director Kash Patel ordered it and kept close watch, and that he worried it would be seen as political. Faruqui had also struck an unsigned, unsworn amended complaint that prosecutors filed after midnight to add a charge.

Prosecutors could still seek a grand jury , though Washington grand juries have rejected politically charged cases, including one against Cassidy Hutchinson. Benavides's attorneys called the accusations "political theater." Both officials deny wrongdoing.

Key figures
  • 10 alleged lies the judge weighed one by one, per the New York Post — New York Post
  • Nearly an hour length of the judge's oral ruling, per MS NOW — MS NOW

Three sides of the story

Liberal13 outlets

A judge's rebuke of a politicized Justice Department

The judge's condemnation leads. The Independent reports that Faruqui called the inquiry rushed and overtly political, noted it opened the day after a Trump speech and was monitored by Patel, and quotes him saying he could not "pretend that I cannot read a calendar." MS NOW calls the ruling "the latest in a series of defeats" for Trump's and describes a "slapdash" case, pointing to Witt's testimony about Patel's role.

CBS stresses the hour-long decision and Faruqui's words that the case "erodes public confidence in the Department of Justice," and notes the two defendants embraced and cried outside court. NBC News centers on the lack of probable cause and the grand jury route. It names prosecutor Carlton Davis and says Pirro's office "did not immediately respond" to a request for comment.

It quotes Benavides's lawyers: "He is innocent."

Center6 outlets

Charges dismissed, with no grand jury behind them

The Journal describes the dismissal as "another blow for the Justice Department" as it pursues President Trump's favored targets. NewsNation notes that prosecutors used a criminal complaint against the two former agents and did not go to a grand jury for an indictment. The Hill reports that Faruqui found no probable cause to support the charges against Floris and Benavides.

Conservative9 outlets

How the hearings unraveled the government's case

The courtroom record is the focus. The Washington Examiner calls the ruling a setback for the Justice Department after days of hearings, and lays out the allegations, including a "Looks good!" exchange and a 2020 briefing for Republican Sens. Grassley and Johnson. The New York Post quotes the "weaponization" line, then follows defense lawyers' cross-examination of Witt, the government's only witness, including Benavides's lawyer asking whether Witt violated his oath.

It notes that the Post first reported the laptop story. Fox News calls the ruling a "blistering rebuke," says Faruqui described a "rush job" directed by Trump and Patel, and recalls his earlier criticism of prosecutors in other cases handled by the Trump administration.

All sources: 29 articles from 28 outlets

Liberal (14)

Center (6)

Conservative (9)

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FBI

The Federal Bureau of Investigation: the main federal police and counterintelligence agency, part of the Justice Department.

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Congress

The US parliament: the Senate and the House of Representatives. A bill becomes law when both pass it and the president signs it.

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House of Representatives

The lower chamber of Congress: 435 members elected every two years, with more seats for bigger states. It is the chamber that can impeach officials.

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Midterm elections

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Grand jury

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Indictment

A formal criminal charge, usually approved by a grand jury. It is not a finding of guilt: the person is innocent until a court says otherwise.

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Justice Department

The federal ministry that prosecutes federal crimes. The FBI is part of it, and its head is the Attorney General.

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Wall Street

A street in New York where the stock exchange stands. In the news it means US financial markets and the big banks and investment firms as a whole.

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