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Judge dismisses case against ex-FBI officials in Hunter Biden probe
The case was dismissed by a federal judge

Judge dismisses case against ex-FBI officials in Hunter Biden probe

Nov 03, 2026
05:26 pm

What's the story

A federal judge has dismissed a criminal complaint against former FBI officials Nikki Floris and Bradley Benavides. The pair were accused of misleading Congress about their knowledge of investigations into Hunter Biden, the son of President Joe Biden. United States Magistrate Judge Zia Faruqui criticized the "weaponization" of the Justice Department under President Donald Trump, calling it a "politically motivated smear campaign."

Investigation critique

'What has transpired here cannot be described...': Judge

Judge Faruqui slammed the rushed nature of the investigation, which he said was pushed by Trump and FBI Director Kash Patel.

He said there were "critical mistakes" in the case that warranted its dismissal.

"What has transpired here cannot be described as anything other than weaponization," he added.

The judge also pointed out a political motive behind filing charges just before midterm elections.

Defense argument

No probable cause to affirm the complaint: Judge

Defense lawyers for Floris and Benavides argued that the prosecution was politically motivated.

They said the charges should never have been filed under what they called "discredited authority" of the Justice Department.

The judge noted that without motive or direct evidence, there was no probable cause to affirm the complaint.

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Case background

Case revolved around Hunter Biden's laptop

The case revolved around a laptop Hunter Biden allegedly left at a Delaware repair shop in 2019.

The laptop's existence was revealed in an October 2020 New York Post article detailing emails related to Biden's foreign business dealings.

Prosecutors claimed Floris and Benavides downplayed their knowledge of the laptop during 2023 testimony before Congress.

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DOJ scrutiny

Case against Floris and Benavides dismissed

Judge Faruqui had earlier questioned why the Justice Department opted for a criminal complaint instead of seeking a grand jury indictment.

He also criticized the department for filing an amended complaint with an additional charge without prior court approval.

The case against Floris and Benavides was dismissed on these grounds.

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