U.S. Magistrate Judge Zia M. Faruqui on November 2, 2026 dismissed criminal charges against former FBI officials Nikki Floris and Bradley Benavides, who were accused of lying to Congress about the Hunter Biden laptop investigation. Judge Faruqui excoriated the Justice Department, ruling that prosecutors failed to demonstrate probable cause and describing the rushed case as political weaponization brought two weeks before the midterm elections.
Judge Faruqui dismisses charges against ex-FBI officials
- ▪U.S. Magistrate Judge Zia M. Faruqui on November 2, 2026 dismissed criminal charges against former FBI officials Nikki Floris and Bradley Benavides accused of lying to Congress about Hunter Biden
- ▪U.S. Magistrate Judge Zia M. Faruqui ruled that the Justice Department failed to establish probable cause that former FBI officials Nikki Floris and Bradley Benavides committed crimes
Judge Faruqui questions prosecution procedures
- ▪U.S. Magistrate Judge Zia M. Faruqui criticized the Justice Department for filing an amended complaint with an additional charge in the Floris and Benavides case directly to the docket without court clearance
- ▪U.S. Magistrate Judge Zia M. Faruqui questioned why prosecutors charged Nikki Floris and Bradley Benavides via criminal complaint rather than seeking a grand jury indictment
Political timing and origin of the investigation
- ▪An FBI agent testified at a hearing last week that he was concerned the investigation into Nikki Floris and Bradley Benavides would be perceived as political
- ▪The Justice Department filed charges against Nikki Floris and Bradley Benavides two weeks prior to the November 2026 midterm elections
Background on allegations against Floris and Benavides
- ▪Justice Department filings in the case against Floris and Benavides noted Nikki Floris and Bradley Benavides gave a 2020 defensive briefing to Sens. Chuck Grassley and Ron Johnson regarding Russian disinformation
- ▪Nikki Floris and Bradley Benavides were accused of making false statements to Congress in 2023 regarding their involvement in FBI investigations into Hunter Biden's laptop
FBI leadership and agent purges
- ▪The investigation into Nikki Floris and Bradley Benavides was mandated and monitored by FBI Director Kash Patel
- ▪Scores of FBI agents have been purged from the bureau over nearly two years due to their supposed disloyalty to President Donald Trump
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