Judge throws out case against ex-FBI officials over Hunter Biden testimony
A federal judge on Monday threw out the case against two former FBI officials, Fox News reports. They were accused of lying to Congress about the Hunter Biden inquiry. Judge Zia Faruqui called the case "weaponization" and said prosecutors did not show probable cause, CNN reports.
A judge on Monday threw out the case against two former FBI officials, Fox News reports. Magistrate Judge Zia Faruqui dismissed the complaint against Nikki Floris and Bradley Benavides. Prosecutors had alleged the two lied to Congress about the bureau's work on cases tied to Hunter Biden. He is the son of former President Joe Biden.
Faruqui said prosecutors failed to show probable cause that the two had knowingly made false statements, the Guardian reports. CNN reports that the judge found several of the alleged statements were not false. The others lacked evidence of intent to deceive, the judge found, according to CNN.
"What has transpired here cannot be described as anything other than weaponization," Faruqui said, according to the Guardian and Fox News. Fox News reports that he described the case as a "rush job" directed by President Donald Trump and FBI Director Kash Patel.
The two were charged last month with making false statements to the House Judiciary Committee in 2023, the Guardian reports. They had served on an FBI task force that examined possible foreign influence in American politics, the Guardian says.
Faruqui questioned the decision to bring the case through a criminal complaint rather than a grand jury indictment, Fox News reports. During a hearing last week, he struck a revised complaint that sought to add obstruction charges without first getting judicial approval, Fox News says.
The judge also pointed to the timing of the charges, close to the midterm elections, CNN and the Guardian report. "I will not bury my head in the sand and pretend I cannot read a calendar," he said, according to the Guardian.
An FBI agent on the case, Bryan Witt, testified last week that the investigation began after a primetime address by Trump in July, CNN reports. Witt said he "had concerns that this would be viewed as political," CNN reports.
Prosecutors could still try to charge the two again by asking a grand jury to approve charges, the Guardian reports. Fox News says it reached out to the White House and the FBI for comment.
Where outlets agree The Guardian, CNN and Fox News agree that Magistrate Judge Zia Faruqui on Monday dismissed the case against former FBI officials Nikki Floris and Bradley Benavides and called it weaponization.
Where they differ The cited reports agree on the key facts so far.