Judge drops case against two ex-FBI officials, cites lack of evidence
Magistrate Judge Zia Faruqui called the prosecution of Nikki Floris and Bradley Benavides a weaponized effort timed to the midterms.
By Harvey Wilson ·
A federal magistrate judge dismissed the criminal case against two former senior FBI counterintelligence officials on Monday. The ruling ended a three-day evidentiary hearing in which the court found the government failed to prove the defendants committed a crime.
Magistrate Judge Zia Faruqui delivered a one-hour oral decision. He stated the complaint lacked both motive and direct evidence. Faruqui compared the case to prior false statement prosecutions, noting this one fell short of the legal thresholds. The judge said the investigation was rushed and improperly timed with the midterm election cycle.
The case targeted Nikki Floris, a former top intelligence analyst, and Bradley Benavides, a former deputy assistant director at the FBI’s Counterintelligence Division. They were accused of lying to Congress about their roles in the Hunter Biden investigation. Specifically, prosecutors focused on their testimony regarding an FBI operation called Round River. Floris and Benavides testified before the House Judiciary Committee in 2023 after providing briefings to Senators Charles Grassley and Ron Johnson.
FBI Special Agent Bryan Witt testified that the case was opened at the request of FBI Director Kash Patel. This happened one day after President Donald Trump accused intelligence officials of hiding China’s interference in an election. Witt admitted that senior officials checked on the case’s progress and that he feared it was viewed as political. He noted that the House Judiciary Committee refused to let agents interview congressional staffers present for the testimony.
Faruqui criticized the Justice Department for using an unsigned superseding complaint to add obstruction charges just before the hearing. He removed that document from the record for lack of judicial review. The judge quoted the Justice Department Manual, which advises against prosecutorial steps intended to influence an election outcome. He asked why the case had to be charged in October 2026 when the statute of limitations was not expiring soon.
A Justice Department spokesperson said the department disagrees with the decision. The spokesperson stated the department is evaluating all options, including an appeal to the chief judge or seeking a grand jury indictment. Defense attorney Margaret Donovan said the case should never have been brought. She described the complaint as a conspiracy fever dream that relied on facts rather than political narrative.
Floris and Benavides left the courthouse embraced, with Floris crying tears of relief. They were joined by former Acting FBI Director Brian Driscoll and former Washington Field Office head Steve Jensen. Faruqi warned that the case would have a chilling effect on congressional testimony. He predicted more witnesses will invoke the Fifth Amendment in the future.
