Judge spectacularly drops Trump-backed prosecution of two FBI agents accused of Hunter Biden laptop ‘cover-up’

A judge tossed a case against two former senior FBI officials accused of lying about Hunter Biden’s laptop, calling it clear ‘weaponization’ by the Trump administration.

US Magistrate Judge Zia M. Faruqui scolded federal prosecutors for bringing the false statements charges against the former FBI officials – Nikki Floris and Bradley Benavides – last month.

Both were charged with one count of allegedly lying to Congress about their roles on the FBI’s Foreign Influence Task Force, or FITF, and ‘about their roles in the FBI’s Hunter Biden investigation,’ according to a statement from US Attorney Jeanine Pirro at the time. 

The two former FBI officials were charged by criminal complaint, which means that federal prosecutors had not secured a grand jury indictment in either case.

Faruqui used a preliminary hearing Monday to scold the Justice Department for pursuing what he assailed as a ‘slapdash’ case, and one he said was brought without evidence or motive. 

Faruqui told lawyers for the Justice Department he was ‘deeply troubled by what has happened’ in their attempt to prosecute the former the former FBI officials.

 DOJ’s actions, he said, ‘cannot be described as anything other than weaponization.’

 ‘This does not feel like an investigation,’ Faruqui scolded prosecutors, moments later. ‘It feels like a broken, one-wish willow obsession.’ 

It’s not the first time that the judge questioned the motivation, or the timing, of DOJ’s attempt to bring the case against the former agents. 

The charges were unsealed late last month, just 10 days before the Nov. 3 midterms – prompting concern from attorneys for the former agents and the judge, a former federal prosecutor, who noted it breaks with longstanding internal DOJ guidance that cautions against taking public or overt investigative action in the 90-day period before an election.

Faruqui’s concerns visibly deepened in court last week, when Justice Department lawyers attempted to file a public, ‘superseding complaint’ charging both Floris and Benavides for alleged obstruction. 

The new charges were quickly dismissed, but not without a dressing-down from the judge.

Faruqui noted that the new charges were filed before he had the chance to make a probable cause determination on whether DOJ’s original complaint against the two former FBI officials could proceed. 

So ‘the Justice Department ‘is now essentially creating a new way of charging people?’ Faruqui asked prosecutors last week, saying repeatedly that he viewed the government’s actions as ‘really concerning.’

‘Everything is just a little sideshow on top of a little sideshow,’ he said, ‘and it’s hard to see the forest for the trees here.’

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