A federal judge tossed criminal charges against two former FBI officials accused of lying to Congress about the Hunter Biden investigation Monday, delivering a blistering rebuke of the prosecution and accusing the Trump administration’s Justice Department of weaponizing the justice system.
U.S. Magistrate Judge Zia Faruqui dismissed the criminal complaint against former FBI officials Nikki Cole Floris and Bradley Benavides from the bench, sharply criticizing the government’s handling of the prosecution.
“What has transpired here cannot be described as anything other than weaponization,” Faruqui said, describing the case as a “rush job” directed by President Donald Trump and FBI Director Kash Patel.
The case stemmed from allegations that the officials lied to Congress about their knowledge of Hunter Biden’s laptop and the bureau’s handling of investigations involving him ahead of the 2020 presidential election.
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The ruling capped a series of hearings in which Faruqui questioned the government’s decision to pursue the case through a criminal complaint rather than a grand jury indictment and blasted prosecutors for attempting to add another charge without first securing judicial approval.
Republicans have long accused the FBI of improperly handling information about Hunter Biden ahead of the 2020 presidential election, alleging that political bias influenced the bureau’s decisions.
Prosecutors alleged that Floris and Benavides made false statements during congressional interviews in 2023 about what they knew and did that were contradicted by internal FBI communications and witness accounts.
During a preliminary hearing last week, Faruqui blasted prosecutors for filing an unsigned, unsworn criminal complaint seeking to add obstruction charges without first obtaining judicial approval.
Faruqui struck the revised complaint from the record, forcing prosecutors to proceed on their original allegations that the former officials lied to Congress.
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The judge questioned why prosecutors had bypassed standard procedures, while defense attorneys pointed out that the revised complaint also softened the government’s original allegations about the officials’ involvement in Hunter Biden investigations.
Faruqui, who was appointed a U.S. magistrate judge in 2020, has previously sharply criticized federal prosecutors handling cases under the Trump administration.
He apologized to the suspect accused of plotting an assassination attempt against Trump at the White House Correspondents’ Association Dinner.
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“To me, it’s extremely disturbing that he was put in five-point restraints, a person with no criminal history. It’s troubling,” said Faruqui, referring to suspect Cole Allen’s jail treatment in May. “I never heard of one Jan. 6 defendant who was put in five-point restraints or in a safe cell. If the only way to keep him safe is the most punitive thing, that’s a problem.”
Faruqui also previously clashed with federal prosecutors in Washington over Trump administration law-enforcement surge cases, accusing U.S. Attorney Jeanine Pirro’s office of overreaching by bringing some matters in federal court that he said belonged in local court.
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Fox News Digital reached out to the White House and FBI for comment.
Fox News’ Jake Gibson contributed to this report.
