Judge dismisses case against former FBI officials over Hunter Biden testimony

A federal judge on Monday dismissed a criminal case against two former senior FBI officials accused of misleading Congress about former President Joe Biden’s son, Hunter. US Magistrate Judge Zia Faruqui ruled that prosecutors working under the Justice Department’s direction had not presented enough evidence for the case to proceed.

The allegations concerned testimony that Nikki Floris and Bradley Benavides gave to Congress in 2023. They were accused of lying about what they knew and how they were involved in an investigation concerning a laptop. The Justice Department said Hunter Biden had left the device at a technology shop in Delaware in 2019.

In explaining his November 2 decision, Faruqui raised concerns that the investigation had moved too quickly, was overtly political and contained serious errors. He described the problems as “critical mistakes” and said the handling of the case “cannot be described as anything other than weaponization”. His criticism extended beyond the sufficiency of the evidence presented by prosecutors.

The judge also questioned the case’s timing in relation to the approaching midterm elections. “I will not bury my head in the sand and pretend I cannot read a calendar,” Faruqui said in court. “I will not lobotomize myself that way.” The remarks accompanied his concerns about the political nature of the investigation.

An FBI agent who worked on the case testified that the investigation into Floris and Benavides had begun in July under the direction of FBI Director Kash Patel. That testimony placed the start of the inquiry several months before Monday’s ruling.

According to The Associated Press, the case reflected complaints from President Donald Trump and his allies that information potentially damaging to the Biden family had been suppressed during the 2020 presidential election. Trump lost that election.

Procedural issues had also drawn scrutiny at a preliminary hearing last week. Faruqui said prosecutors had failed to follow legal procedure by submitting an amended complaint containing another charge without first obtaining the court’s clearance. He said he had never encountered that before.

The Justice Department may still seek a grand jury indictment against the two former officials. Even with that possibility remaining, the dismissal at this early stage and Faruqui’s concerns represent a setback for prosecutors.