Judge dismisses criminal complaint against two ex-FBI officials accused of lying to Congress about Hunter Biden
A federal judge Monday dismissed a criminal complaint against two former FBI officials accused of lying to Congress about their knowledge of investigations involving Hunter Biden, dealing a setback to the Justice Department after three days of tedious hearings last week. U.S. Magistrate Judge Zia Faruqui’s decision followed several days of defense attorneys for the […]
A federal judge Monday dismissed a criminal complaint against two former FBI officials accused of lying to Congress about their knowledge of investigations involving Hunter Biden, dealing a setback to the Justice Department after three days of tedious hearings last week.
U.S. Magistrate Judge Zia Faruqui’s decision followed several days of defense attorneys for the former agents scrutinizing prosecutors’ charging procedures and testimony from the agent who signed the affidavit supporting the criminal complaint.
” data-large-file=”https://conservativemodern.com/wp-content/uploads/2026/11/judge-dismisses-criminal-complaint-against-two-ex-fbi-officials-accused-of-lying-to-congress-about-hunter-biden.jpg” src=”https://conservativemodern.com/wp-content/uploads/2026/11/judge-dismisses-criminal-complaint-against-two-ex-fbi-officials-accused-of-lying-to-congress-about-hunter-biden.jpg” alt=”Former Deputy Assistant Director for Counterterrorism at the FBI Nikki Floris.” class=”wp-image-4654179″ srcset=”https://conservativemodern.com/wp-content/uploads/2026/11/judge-dismisses-criminal-complaint-against-two-ex-fbi-officials-accused-of-lying-to-congress-about-hunter-biden-1.jpg 1024w, https://conservativemodern.com/wp-content/uploads/2026/11/judge-dismisses-criminal-complaint-against-two-ex-fbi-officials-accused-of-lying-to-congress-about-hunter-biden-1.jpg?resize=300,200 300w, https://conservativemodern.com/wp-content/uploads/2026/11/judge-dismisses-criminal-complaint-against-two-ex-fbi-officials-accused-of-lying-to-congress-about-hunter-biden-1.jpg?resize=768,512 768w” sizes=”(max-width: 1024px) 100vw, 1024px”>FBI official Nikki Floris testifies before the House Judiciary Committee hearing on Capitol Hill in Washington on Tuesday, Oct. 22, 2019, on election security. (AP Photo/Susan Walsh)
The ruling dismisses the complaint against Nikki Floris, the former head of the bureau’s Foreign Influence Task Force, and Bradley Benavides, its former section chief.
Prosecutors could still seek a grand jury indictment, though prosecutors in the district have faced numerous setbacks with grand juries in cases that have the propensity to be more politically charged, including a recent rejection by a grand jury to prosecute Cassidy Hutchinson, a former aide to Vice President Mike Pence.
Both Floris and Benavides were charged last month with making false statements during 2023 congressional testimony. Prosecutors alleged they minimized the task force’s involvement in investigations concerning former President Joe Biden’s son and concealed their knowledge of his laptop. Both deny wrongdoing.
During the three-day preliminary hearing, defense attorneys questioned FBI special agent Bryan Witt, who signed the affidavit supporting the criminal complaint, as Faruqui examined whether the allegations established probable cause.
Faruqui initially questioned why prosecutors initially proceeded through a criminal complaint, typically used when authorities need to make an arrest promptly, rather than seeking an indictment.
The magistrate judge’s skepticism elevated Tuesday after prosecutors from U.S. Attorney Jeanine Pirro’s office filed an amended complaint in the middle of the night, hours before the defendants’ appearance in his courtroom, which sought to add an obstruction charge without first obtaining judicial approval. The government later said it was added to the docket in error.
“I am not going to bless it as a superseding complaint,” Faruqui said on Tuesday.
The filing carried a signature block with the judge’s typed name but lacked his signature. Defense attorneys called it unsigned, unsworn, and unapproved, accusing prosecutors of trying to repair weaknesses in their original allegations before the preliminary hearing.
During the hearing, Witt testified that the investigation began hours after President Donald Trump delivered an election security speech in July. The agent said FBI Director Kash Patel mandated the investigation and closely monitored it.
The underlying allegations focused partly on internal bureau communications surrounding the younger Biden’s laptop during the 2020 presidential campaign.
The government included numerous excerpts in its complaint pointing to Floris and Benavides discussing the subject matter, despite minimizing their knowledge about the laptop in subsequent testimony to Congress.
Prosecutors cited exchanges in which Benavides proposed talking points saying the FBI had not determined whether the laptop reporting involved Russian disinformation. Floris reviewed the language and replied, “Looks good!”
The complaint also cited an Aug. 6, 2020, “defensive briefing” that Floris and Benavides gave Republican Sens. Chuck Grassley (IA) and Ron Johnson (WI), who were investigating Hunter Biden’s financial ties to foreign governments and nationals.
The senators later accused the FBI, at the time run by Director Chris Wray, of using the briefing to cast their investigation as a vehicle for Russian disinformation, giving political opponents grounds to discredit their findings. Prosecutors cited Floris’s and Benavides’s participation in the briefing as evidence contradicting their later congressional testimony, which involved claims that sought to distance themselves from the bureau’s Hunter Biden investigations.
Defense lawyers argued the prosecution was politically motivated and legally deficient, urging Faruqui to dismiss the case after the hearing examining whether the allegations established probable cause.
The Washington Examiner contacted lawyers for Floris and Benavides for comment.
