Courts & Justice · Report · File No. 261102-497
Judge dismisses charges against two ex-FBI officials in Biden laptop case
A federal magistrate judge found no probable cause against Nikki Floris and Bradley Benavides, saying the Justice Department's case was rushed and amounted to 'weaponization' days before the midterm election.
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A federal judge on Monday dismissed charges against two former FBI officials accused of lying to Congress about their involvement in the investigation into Hunter Biden's laptop 12. U.S. Magistrate Judge Zia Faruqui found no probable cause to support the charges against Nikki Floris and Bradley Benavides, who were accused of making false statements during interviews with the House Judiciary Committee in 2023 1.
Both worked in the FBI's Foreign Influence Task Force 1. Prosecutors alleged the two knew about and were actively involved in the FBI's investigations into Biden but misled lawmakers about it 1.
A ruling from the bench
Faruqui delivered the decision orally after a hearing of roughly an hour, saying the investigation was rushed 1. He noted the probe was opened a day after a primetime speech by President Donald Trump about his 2020 election loss and was mandated and closely tracked by FBI Director Kash Patel 2. He also pointed out that the Justice Department could have brought the case at any time but filed it two weeks ago, in the run-up to Tuesday's midterm voting 2.
What has transpired here cannot be described as anything other than weaponization
The judge also criticized prosecutors for filing an amended complaint with an additional charge directly to the docket overnight instead of first clearing it with the court, something he said he had never seen before 2. An FBI agent who worked the case testified that he had been concerned the investigation would be seen as political 2.
From Channel GOPSchiff asks Patel for one Georgia indictmentKash Patel · 178 plays · captioned, with the source named
What happens next
Federal prosecutors could still seek an indictment from a grand jury 1. The AP reports the ruling is a setback for the Justice Department, which has had difficulty persuading grand juries in Washington to return indictments in politically charged prosecutions 2.
The case traces back to the 2020 campaign, when the New York Post published stories based on a laptop a Delaware repair shop owner said Hunter Biden left behind 1. The FBI seized the laptop in 2019, but a copy of the hard drive was given to Trump's personal attorney Rudy Giuliani, who passed it to the outlet 1. The material included emails about Biden's foreign business dealings, including one hinting at an alleged meeting between then-Vice President Biden and an adviser to the Ukrainian gas company Burisma; the Biden campaign denied a meeting ever occurred 1.
The prosecution, built on a years-old congressional testimony dispute, collapsed in court on the eve of an election, with the judge himself supplying the word 'weaponization' 12. That matters because the ruling lands one day before voters decide control of Congress, and it puts a judge's findings about the timing and handling of the case into the public record 2.
The Record
- The FBI seized a laptop that a Delaware repair shop owner said Hunter Biden left behind; a copy of the hard drive went to Trump attorney Rudy Giuliani, who passed it to the New York Post 1.
- Floris and Benavides were accused of making false statements to the House Judiciary Committee during interviews that year 1.
- U.S. Magistrate Judge Zia Faruqui dismissed the charges, finding no probable cause and calling the investigation rushed 12.
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Sources
- The Hill, “Federal judge dismisses case against ex-FBI officials accused of lying about Biden laptop probe” (2026-11-02). thehill.com/regulation/court-battles/6188867-ex-fbi-nikki-fl
- AP News, “Judge tosses complaint against ex-FBI officials in Biden laptop-related case | AP News” (2026-11-02). apnews.com/article/fbi-hunter-biden-laptop-justice-departmen
Found an error? Tell the newsroom. Corrections are noted at the top of the story.
More from the files
Judge rejects new obstruction charge against two ex-FBI officials, rebukes DOJ
A federal magistrate refused Tuesday to approve an overnight superseding complaint adding an obstruction charge against Nikki Floris and Bradley Benavides, telling prosecutors they had departed from how cases are charged in his district.
Ex-FBI officials charged over Hunter Biden laptop probe return to court
Nikki Floris and Bradley Benavides, charged with lying to Congress, face a preliminary hearing Tuesday in Washington. The case tests a politically charged Justice Department prosecution days before the midterms.
Ex-FBI officials' lawyers call new DOJ charge 'outrageous government conduct'
Defense lawyers say prosecutors added an obstruction count overnight to a case against two former FBI officials, a week before the midterms. The fight adds to Democratic worries about how the Justice Department is using its power.
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