Judge dismisses case against former FBI officials who DOJ believes hampered Biden family corruption probe

By Holmes Lybrand, CNN

(CNN) — A federal judge has thrown out a case against two former FBI officials who were charged with lying to Congress as part of a winding probe from lawmakers focused in part on whether FBI investigators sought to minimize allegations of Biden family corruption and evidence related to Hunter Biden’s laptop.

The judge found there was no probable cause to bring the case.

“I am deeply troubled by what has happened in this case,” Magistrate Judge Zia Faruqui said during a Monday hearing announcing his dismissal of the case, adding the case was built on assumptions and began at the direction of President Donald Trump.

The case, he added, could not be seen “as anything other than weaponization,” adding that it has been “marketing material for people not to join the FBI.”

Nikki Floris and Bradley Benavides, both former top Washington-based intelligence specialists, were charged with one count of making a false statement.

The judge found that several of the alleged statements were not false and the ones that were lacked evidence of intent or motive to deceive.

The judge also noted how quickly the initial charges were unnecessarily rushed close to the 2026 midterm elections, adding that he “will not lobotomize myself” to that context.

Dozens of former FBI officials attended the hearing on Monday, including former Acting Director Brian Driscoll.

The case against the former FBI officials was picked apart over the course of several days last week when defense attorneys questioned an FBI agent on the case.

Faruqui noted the FBI agent testified that he found no evidence of a motive for why the former officials would lie to Congress about the laptop investigation, adding that there was no evidence that Republican lawmakers’ investigation into the Biden family slowed down or changed based on the answers the defendants provided.

“Without motive, without direct motive, I have nothing” to support a finding of probable cause, the judge said.

The political origins of the case

Defense attorneys for the two former FBI officials had scrutinized the Justice Department’s case last week, questioning one of the agents assigned to the case.

According to the FBI agent, Bryan Witt, the investigation originated after Trump, during a July primetime address, attacked officials who questioned an FBI report that China attempted to interfere in the 2020 election against Trump.

Witt testified that FBI Director Kash Patel sent a letter the following day demanding an investigation into the officials for possible conspiracy charges.

“The predication” for the case, Witt said, “was their belief that people in the intelligence community suppressed or purposely held back information that was derogatory to the Bidens.”

Inside the agency, Witt said “people generally viewed” the investigation as a “witch-hunt,” adding that he “had concerns that this would be viewed as political.”

The agent, however, never found evidence to support such a deep-state conspiracy to thwart the president and instead began scrutinizing years-old interviews the former officials had with members of Congress.

“What person in their right mind” would join the FBI after this, Faruqui questioned during Monday’s hearing.

At several moments during testimony last week, prosecutors attempted to shutdown questions over the origins of the investigation, arguing that they were only suitable for later hearings over whether the case against the former officials was selective and vindictive.

Witt testified that Patel and several top FBI officials, including deputy directors, were “routinely” updated on the case through “video conferences, in-person meetings,” emails and beyond.

The FBI leadership “were closely monitoring our progress,” Witt said, adding that such updates were unusual.

Instead of the conspiracy Patel wanted investigated, agents focused on statements the two defendants made during two meetings on the Hill, where they were asked about their knowledge of the now-infamous Hunter Biden laptop and investigations into the former president’s son.

As he was being questioned by defense attorneys, Witt repeatedly said the evidence the former officials had provided false statements was not in the complaint against them, adding he “believes we have evidence” of the alleged crime. The agent also said he had no direct evidence the two former officials intentionally misled lawmakers when answering questions about their knowledge of the laptop.

“We do not,” Witt said when asked if he had evidence Floris had motive to allegedly lie.

It was also revealed during the hearing that the staff member the FBI and prosecutors relied on to establish that Floris and Benavides’ testimony was untrue and hampered the House Judiciary committee’s investigation had not attended one of the interviews nor had reviewed the years-old transcripts.

Instead, Witt testified that a phone call with the staffer occurred on Monday, following the initial complaint against the two former FBI officials.

This story was updated with additional information.

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