Judge dismisses criminal complaint against two former FBI officials at probable-cause stage.
Why it matters: The ruling could prompt further scrutiny from lawmakers and others of Justice Department charging decisions in a politically sensitive case. It does not resolve the underlying allegations or amount to a trial verdict.
- Judge Zia M. Faruqui found prosecutors had not established probable cause that Nikki Cole Floris and Bradley Benavides knowingly lied to Congress.
- Prosecutors filed the original complaint October 20, 2026, two weeks before the November 3 midterm elections.
- Faruqui criticized the use of a criminal complaint and an overnight amended filing that added an obstruction charge without prior court approval.
- The judge dismissed the complaint on November 2, 13 days after it was filed and before any trial.
U.S. Magistrate Judge Zia M. Faruqui dismissed the criminal complaint against former FBI officials Nikki Cole Floris and Bradley Benavides on November 2, finding that prosecutors had not established probable cause that they knowingly lied to Congress, according to The Associated Press.
The charges arose from the officials' 2023 testimony before the House Judiciary Committee. The original complaint alleged that they falsely denied or minimized their knowledge of FBI investigations involving Hunter Biden and the bureau's possession of material from Hunter Biden's laptop. The allegations were brought under 18 U.S.C. § 1001(a)(2).
Faruqui said, “What has transpired here cannot be described as anything other than weaponization,” and that “the rush to charge here led to critical mistakes,” AP reported.
The judge questioned why prosecutors filed a criminal complaint rather than seeking a grand-jury indictment. He also criticized prosecutors for filing an amended complaint overnight that added an obstruction charge without first obtaining the court's approval. That obstruction count was dismissed along with the other charge, according to AP's account of the hearing.
The original complaint was filed October 20, and the defendants surrendered October 23, two weeks before Election Day. Faruqui said, “I will not bury my head in the sand and pretend that I cannot read a calendar.” An FBI agent testified that the inquiry opened after a July 2026 speech by President Donald Trump and was assigned or closely overseen by FBI Director Kash Patel, according to The Washington Post.
The ruling was a dismissal of the criminal complaint at the probable-cause stage, not a trial verdict or acquittal. Prosecutors may present the allegations to a grand jury, subject to applicable rules and limitations. The provided materials do not include a DOJ response or the defendants' responses.
By the numbers
- 14 days - From the October 20 complaint filing to the November 3 midterm elections
- 13 days - From the complaint filing to the November 2 dismissal
- 2 former FBI officials - Floris and Benavides
Yes, but: The dismissal did not decide whether the underlying allegations were true; it found only that probable cause had not been established. The provided materials contain no DOJ or defense response.
What's next: Prosecutors may present the allegations to a grand jury, subject to applicable rules and limitations.