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Judge Dismisses FBI Case, Calls Prosecution 'Weaponization' and 'Overtly Political

Nov 2, 2026 •US News

A federal judge threw out the criminal case against two former senior FBI officials accused of misleading Congress regarding Hunter Biden’s laptop investigation. On Monday, US Magistrate Judge Zia Faruqui ruled that prosecutors, operating under Department of Justice direction, lacked the necessary evidence to proceed. He expressed deep concern that the investigation was rushed, overtly political, and plagued by "critical mistakes."

Faruqui did not mince words about the nature of the prosecution. He stated it "cannot be described as anything other than weaponization." The judge was blunt about the timing, noting the proximity to the upcoming midterms. "I will not bury my head in the sand and pretend I cannot read a calendar," Faruqui told the court. "I will not lobotomize myself that way."

The charges alleged that Nikki Floris and Bradley Benavides misled Congress in 2023. They allegedly lied about their knowledge of and involvement in an investigation into a laptop that the Justice Department said was dropped off at a Delaware tech shop in 2019 by Hunter Biden. An FBI agent who worked on the case testified that the investigation into Floris and Benavides began last July under the direction of FBI Director Kash Patel.

The Associated Press reported that the case echoed complaints from President Donald Trump and his allies. They argued that potentially damaging information about the Biden family was suppressed during the 2020 election, a race Trump lost. The dismissal comes after the former FBI officials’ lawyers pressed for it, citing a hurried and inaccurate case.

The Justice Department still has the chance to pursue a grand jury indictment against the former FBI officials. However, Faruqui’s early ruling and his expressed concerns significantly hamper the department's position. In a preliminary hearing last week, the judge pointed out that the Justice Department was not acting in accordance with legal procedure. It filed an amended complaint with an additional charge without first clearing that charge with the court. Faruqui noted he had never seen such a move before.

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