Judge voids case against two ex-FBI agents over Hunter Biden laptop testimony

Two former FBI agents will not face criminal charges for allegedly lying to Congress about the Hunter Biden laptop investigation, according to a federal court ruling issued Monday. Magistrate Judge Zia Faruqui dismissed the criminal complaint against Nikki Floris and Bradley Benavides, determining that the prosecution had not met the legal standard for probable cause. The decision effectively halts the current legal track against the two officials, who had been under scrutiny for their 2023 testimony.

The dispute began with a criminal complaint rather than a grand jury indictment. Prosecutors accused Floris and Benavides of providing false statements to the House Judiciary Committee regarding their specific roles on the FBI's Foreign Influence Task Force and their involvement in the laptop probe. Data recovered from the laptop ultimately supported criminal charges against Hunter Biden. The case was filed in Washington, D.C., where federal jurors have recently shown resistance to politically charged prosecutions, most recently rejecting an indictment of Cassidy Hutchinson.

The dismissal followed a preliminary hearing held last week where an FBI agent expressed concern that the investigation might be perceived as political. The probe was directed by FBI Director Kash Patel. During the hearing, the agent acknowledged that prosecutor Carlton Davis had identified flaws in the criminal complaint during a recent telephone call. Davis, a former Republican House staff member, serves as a top aide to U.S. Attorney Jeanine Pirro. His office has also been involved in the failed attempt to indict six sitting lawmakers over a social media video.

Judge Faruqui had previously taken issue with the government's procedural steps. She criticized the office for attempting to add new charges by filing an unsigned complaint on the court docket without prior judicial approval. The judge's current ruling relies on her finding that the evidence presented was insufficient to support the allegations, despite the low threshold required for probable cause.

Legal representatives for Benavides responded to the decision in a written statement, characterizing the accusations as "political theater." They described their client as a patriot and public servant who is innocent. The attorneys stated they were grateful that the judge weighed what they called woefully inadequate evidence against the law. They also expressed hope that the government would not pursue the case through a grand jury, a process that occurs behind closed doors and limits the defense's ability to present its side of the story.

Pirro's office did not immediately respond to requests for comment on the ruling. While the Justice Department could theoretically refile the charges before a federal grand jury, the outcome appears unlikely following the magistrate's determination that the initial complaint did not meet the necessary legal standard.

Floris and Benavides had faced intense criticism from allies of President Donald Trump. Both agents worked on security issues for the 2020 presidential election, a campaign Trump has described as stolen. The dismissal removes the immediate threat of criminal liability for the two former officials based on their congressional testimony.