A magistrate judge in Washington, D.C., threw out criminal charges Monday against former FBI officials Nikki Floris and Bradley Benavides, according to The Guardian. Prosecutors had accused the pair of lying while discussing their work on matters tied to Hunter Biden, the son of former President Joe Biden.
Magistrate Judge Zia Faruqui ruled that the government failed to demonstrate probable cause. He concluded the former officials had not knowingly provided false statements. The case centered on testimony the two men gave to the House Judiciary Committee in 2023 about the bureau’s examination of a laptop that belonged to Hunter Biden.
Faruqui also addressed when the charges were filed. He said, “What has transpired here cannot be described as anything other than weaponization.” He continued, “I will not bury my head in the sand and pretend I cannot read a calendar.” The complaint had been brought roughly 10 days before the midterm elections.
Court finds statements were not knowingly false and notes calendar concerns
The judge said prosecutors had rushed the case and committed critical mistakes. He noted that certain remarks by Floris and Benavides were not false. Other comments, he added, could amount to “honest mistakes of memory.”
Prosecutors in Washington, D.C., filed the charges last month. They alleged the former officials made false statements to lawmakers during the 2023 House hearing. Both men had served on an FBI task force created to study possible foreign influence in American politics. Officials formed the group after the 2016 election following worries that Russia had tried to interfere.
In the period leading up to the 2020 election, the task force expressed concern that Russia might attempt another disinformation effort. That effort, officials feared, could aid Donald Trump’s campaign by amplifying claims connected to Hunter Biden’s laptop.
An FBI agent testified last week that scrutiny of Floris and Benavides began after the president delivered a primetime address in July on election security. In the speech, the president announced that the FBI would look into whether U.S. intelligence agencies had suppressed information about Chinese interference in the 2020 contest.
The next day, FBI Director Kash Patel instructed the Kansas City field office to examine Floris. She had earlier questioned an FBI intelligence report that claimed China sought to interfere in 2020 in order to help Joe Biden defeat Trump. Patel has also suggested the bureau may renew the case against Comey after Thanksgiving.
Trump has publicly criticized people he believes worked to undermine his challenges to the 2020 election results. Since he returned to office in January 2025, the Justice Department has pursued cases against individuals he has described as opponents. Several of those high-profile efforts have not succeeded.
Although the complaint against Floris and Benavides was dismissed, the matter is not necessarily closed. Prosecutors retain the option of presenting evidence to a grand jury and seeking charges again. Floris appeared in a Washington, D.C. courtroom last week for a hearing regarding the allegations and was seen weeping in the hallway.
Published: Nov 3, 2026 07:00 am