Judge Dismisses Case Against Two Former FBI Officials Charged With Lying to Congress

A federal judge dismissed the Justice Department's criminal case against two former FBI officials on November 2, 2026. The judge, U.S. Magistrate Judge Zia Faruqui, ruled in Washington that the case against Bradley Benavides and Nikki Floris could not go forward.

The two were accused of lying to Congress in 2023 about what they knew of the FBI's investigations into Hunter Biden. The Justice Department, known as DOJ, brought the charges about two weeks before the dismissal hearing. The case was a federal false-statements case.

The dismissal followed a hearing that lasted several days. The purpose of that hearing was to decide whether there was probable cause, meaning enough evidence to justify a trial, to charge Floris and Benavides. Faruqui found there was no probable cause, according to CNN.

Faruqui pointed to mistakes and the rushed nature of the case over the FBI's Hunter Biden investigations. At the hearing, he said, "What transpired here cannot be described as anything other than weaponization." He also said, "I am deeply troubled by what has happened here," according to NPR.

Faruqui noted that the investigation into Floris and Benavides was opened on FBI Director Kash Patel's orders. It was opened the day after President Donald Trump delivered a primetime address in mid-July.

Faruqui also noted that prosecutors brought charges about two weeks before the midterm elections. He said this was despite a DOJ policy that prohibits taking action to influence an election through timing.

The charges were filed as a criminal complaint, a charging document that Faruqui said is usually used when there is urgency. Examples include imminent danger, a deadline under the statute of limitations, or a risk that a defendant will flee.

Faruqui said prosecutors could still take the matter to a grand jury, a group of citizens who decide whether evidence supports a formal indictment. They could also appeal his dismissal decision to the chief judge of the district, according to NPR.

A federal judge in Washington dismissed the criminal complaint against the two former senior FBI officials, according to the Associated Press.