Judge drops case against former FBI officials over laptop testimony

U.S. Magistrate Judge Zia M. Faruqui dismissed the criminal case against former FBI officials Nikki Floris and Bradley Benavides on Monday. The judge ruled that federal prosecutors failed to demonstrate probable cause that the two lied to Congress in 2023. Floris and Benavides were accused of misleading the Republican-led House Judiciary Committee regarding their knowledge of Hunter Biden’s laptop.

The legal dispute stems from testimony given during the committee’s investigation into President Joe Biden’s son. That inquiry took place before the 2024 presidential election. Floris, a former analyst who led the intelligence division in the FBI’s Washington field office, testified on July 19, 2023. Benavides, a former deputy assistant director for counterintelligence, testified on September 23, 2023. Both had worked at the FBI for decades.

The case was filed in October. An FBI affidavit alleged that Floris denied having a role in the Hunter Biden investigations despite being asked repeatedly. Prosecutors claimed Benavides minimized his involvement. To secure a conviction, the government needed to show that their statements were false and materially affected the committee’s work.

FBI Director Kash Patel assigned the investigation to the bureau’s Kansas City office on July 17. This occurred one day after President Donald Trump called for an investigation into rogue bureaucrats during an Oval Office address. Bryan Witt, an agent assigned to the case, testified last week that the probe was viewed as a witch hunt within the office. He also noted that Patel kept close tabs on the progress.

Defense attorneys argued the charges were politically motivated and lacked supporting evidence. During proceedings last week, they focused on Steve Castor, the longtime lawyer for Republicans on the House Judiciary Committee. Castor was the only witness prosecutors interviewed about the material effect of the alleged false statements. Witt testified that Castor was present for Floris’s interview but not Benavides’s, and had not read the transcript.

Faruqui expressed deep concern about the decision to pursue charges. He described the criminal complaint as rushed and flimsy. The judge stated the case would have an enormous chilling effect on congressional testimony. He called the situation weaponization and noted it served as marketing material to discourage people from joining the FBI.

The Justice Department, which is prosecuting the case under U.S. Attorney Jeanine Pirro in D.C., issued a statement Monday. A spokesperson said the department disagrees with the decision and is evaluating all options. The spokesperson added that the department would continue to be guided by the facts, evidence, and law, not politics.

Margaret Donovan, an attorney for Floris, urged FBI and intelligence community members to hold their ground. She said Floris dedicated her life to defending the country with professionalism and patriotism. Kimberly Paschall, an attorney for Benavides, stated that Benavides is innocent. Paschall expressed gratitude that Faruqui weighed the evidence and found no probable cause, an extremely low burden in the criminal justice system.