Judge dismisses case against two ex-FBI agents over Hunter Biden laptop claims
Magistrate Judge Zia Faruqui ruled the prosecution was rushed and political, citing a start date just one day after a presidential speech.
By Julia Wang ·
One day. That is the gap between a primetime address by President Trump and the opening of a federal investigation that led to criminal charges against two former FBI officials. On Monday, U.S. Magistrate Judge Zia Faruqui dismissed the complaint against Nikki Floris and Bradley Benavides. He cited the timing as evidence of what he called the "weaponization" of the justice system.
The judge ruled that the probe was rushed and suffered from critical mistakes. He noted that the investigation began hours after Trump delivered an election security speech in July. The case involved statements the agents made to Congress in 2023 regarding a laptop associated with Hunter Biden. That device was dropped off at a Delaware repair shop in 2019.
Faruqui criticized the Department of Justice for its procedural choices. He questioned why prosecutors used a criminal complaint rather than seeking a grand jury indictment. A complaint is typically reserved for situations requiring immediate custody. He also faulted the department for filing an amended complaint with a new charge overnight without prior court approval. Faruqui said he had never seen such a move before.
The judge pointed out that the Justice Department could have filed the case at any time. Instead, it chose to do so two weeks before the midterm elections. "I will not bury my head in the sand and pretend that I cannot read a calendar," Faruqui said from the bench.
During the hearing, an FBI agent who worked on the case testified about internal concerns. He said the investigation was mandated by FBI Director Kash Patel, who kept close watch on the progress. The agent expressed worry that the probe would be viewed as political. Floris and Benavides' lawyers had argued for dismissal, a request the judge granted.
The charges alleged that Floris and Benavides misled lawmakers about their knowledge of efforts to investigate the laptop. Republican Senators Chuck Grassley of Iowa and Ron Johnson of Wisconsin previously said the agents' 2020 briefing was used to undermine their own investigations. They argued the briefing linked the Biden administration to Russian disinformation.
The Justice Department retains the option to pursue a grand jury indictment against the two former officials. The ruling stands as a setback for the department in the nation's capital, where securing indictments in politically charged cases has proven difficult.
The next step involves the department's decision on whether to seek a new indictment. The midterm voting is scheduled for Tuesday.
