A federal judge on Monday dismissed the Department of Justice case accusing former FBI officials Nikki Floris and Bradley Benavides of lying to Congress about investigations into Hunter Biden, according to multiple news reports.
Magistrate Judge Zia Faruqui criticized the DOJ’s handling of the case during a hearing in U.S. District Court in Washington. He described the prosecution as a “slapdash job” and said he was “deeply troubled by what has happened here.”
Faruqui said prosecutors lacked probable cause and had not presented evidence showing that statements the officials made before the House Judiciary Committee in 2023 were knowingly false, MS NOW reported. He also said the case appeared to have been rushed ahead of the midterm election, calling the situation “weaponization.”
The judge apologized to government lawyers assigned to defend the case, describing that position as “incredibly unfair.” He also said the matter did not feel like a proper investigation, but rather a “broken” one.
The DOJ did not immediately respond to CNBC’s request for comment. Attorneys for Floris and Benavides praised the dismissal outside the courthouse.
A lawyer for Floris said the case should never have been brought and characterized the prosecution as a conspiracy-driven effort. Benavides’ attorney urged the DOJ not to try to revive the case through a grand-jury indictment, arguing that such proceedings would take place behind closed doors and limit the defense’s ability to present its side.
Prosecutors announced the allegations against the former officials on Oct. 23 but pursued a criminal complaint rather than seeking a grand-jury indictment. Such complaints require a judge’s signature and are commonly used when prosecutors believe swift action is necessary.
Faruqui had already questioned that approach. Last week, he declined to approve a superseding complaint that would have added an obstruction charge. During a hearing the previous Tuesday, he asked prosecutors why they had changed the usual way of charging cases in this matter.
Sources: CNBC Markets.