Judge Dismisses Case Against Ex-FBI Officials; Justice Department Disagrees

A complaint thrown out

Updated November 2, 2026, 8:18 p.m. Central

A federal magistrate judge on Monday dismissed a criminal complaint accusing two former FBI officials of lying to Congress about their knowledge of investigations involving Hunter Biden. The judge said prosecutors had not shown probable cause that the pair committed the alleged offense, according to CBS News and The Associated Press.

U.S. Magistrate Judge Zia Faruqui criticized the case against Nikki Floris and Bradley Benavides as rushed and politically motivated. The Justice Department disputed his decision and said it was evaluating its options, CBS reported.

The ruling dismissed the complaint at an early stage; it was not a jury verdict. Prosecutors could appeal or seek a grand jury indictment, according to CBS. They had not obtained an indictment in the case before Monday’s ruling.

What prosecutors alleged

The two former officials held leadership roles in the FBI’s Foreign Influence Task Force, which worked on foreign election interference. The Justice Department said when announcing the case on October 23 that each faced a false-statements allegation over a 2023 House Judiciary Committee interview.

Prosecutors alleged that the pair played down what they knew about investigations involving Hunter Biden and material from his laptop. A supporting FBI affidavit described communications and witness accounts the government said contradicted their statements. Those were allegations, not findings of guilt.

Defense lawyers contested the case. In his oral ruling, Faruqui said prosecutors had not established the necessary elements, including that the officials knowingly made false statements that mattered to the congressional inquiry, Reuters reported.

Why the judge dismissed it

Faruqui said the investigation and charging process suffered from serious errors, and he pointed to the proximity of the November 3 midterms. He described the case as an example of government “weaponization,” according to AP. That is the judge’s assessment; the Justice Department disputes it.

Among the mistakes he cited, AP reported, was the complaint’s description of the former officials’ congressional interviews as sworn testimony when they had not been under oath. During earlier hearings, he also rejected an attempt to add an obstruction allegation through an unsigned, unsworn amended complaint that had not received proper judicial review, CBS reported.

An FBI agent assigned to the investigation, Bryan Witt, testified that FBI Director Kash Patel directed the inquiry and that he was concerned it could be viewed as political, according to CBS. The agent’s account is hearing testimony; the judge drew his own conclusions from the record.

Both sides respond

Floris’ lawyers said after the ruling that the prosecution had been politically motivated and should never have been brought, Reuters reported. Defense lawyers for both officials had challenged the government’s evidence.

A Justice Department spokesperson told CBS News that the department disagreed with Faruqui’s ruling and was considering its options. The spokesperson said the department’s actions would be guided by evidence and the law rather than politics.

Before the ruling, a prosecutor argued the officials may have had an incentive to minimize their knowledge because Joe Biden was president when they were interviewed. Faruqui said the government had not shown a plausible motive to lie, AP reported.

What happens next?

A criminal complaint is a charging document supported by an account of alleged facts. A grand jury indictment is a separate way to bring a felony case. Here, the judge found the complaint fell short of the probable-cause threshold required to proceed.

The dismissal does not itself establish that a future indictment will be sought or granted. CBS reports that the department could ask a district judge to review the magistrate’s ruling or try to obtain an indictment. No new outcome is assumed.

Where the case was heard

The case was in federal court in Washington, D.C. The star marks the approximate location of the District of Columbia federal courthouse; it is not a depiction of the courtroom.

Court location · Map data: OpenStreetMap contributors, ODbL. Open map.

How the case unfolded

2023 Floris and Benavides were interviewed by the House Judiciary Committee. Government affidavit
October 23, 2026 The Justice Department announced the criminal complaint. DOJ
October 27, 2026 Faruqui rejected an improperly submitted amended complaint. Associated Press
November 2, 2026 Faruqui dismissed the original complaint after a hearing. CBS News