Judge Dismisses Case Against Two Former FBI Officials in Hunter Biden Probe
A federal magistrate judge in Washington, D.C., dismissed a criminal complaint that charged former FBI counter‑intelligence officials Nikki Floris and Bradley Benavides with lying to Congress about their roles in the bureau’s Hunter Biden investigation. The ruling came on Monday, November 2, 2026, and was delivered by Magistrate Judge Zia Faruqui.
Judge Faruqui found the case “lacked evidence” and was “timed with the mid‑term election.” He said the complaint was “slapdash” and that the government had failed to establish probable cause that either former official had knowingly made false statements to Congress. “Without motive, without direct evidence, I have nothing,” the judge said in his hour‑long oral ruling.
After the dismissal, the Justice Department said it “disagrees with the Magistrate’s decision” and is “evaluating all options” while noting it could appeal the ruling or seek a grand‑jury indictment. A DOJ spokesperson added that the department’s actions would be guided by “facts, the evidence, and the law — not politics.” The spokesperson declined to comment further on the ongoing investigation.
Floris and Benavides left the courthouse together, with Floris reportedly crying tears of relief. They were joined by former senior DOJ and FBI officials, including former Acting FBI Director Brian Driscoll and former head of the FBI’s Washington Field Office Steve Jensen. Attorney Margaret Donovan, representing Floris, said the case “should never have been brought” and called it a “slapdash complaint” that was “spaghetti at the wall.”
Judge Faruqui’s decision followed a three‑day evidentiary hearing in which prosecutors had struggled to meet the elements of a false‑statement charge. The judge noted the complaint was built on assumptions and appeared to be a political weaponization of the Justice Department, a claim echoed by the DOJ spokesperson.
While the case is now dismissed, the DOJ retains the right to appeal the ruling or pursue further legal action. The outcome underscores the scrutiny surrounding the Hunter Biden investigation and the legal standards required to hold former FBI officials accountable for statements made to Congress.
