A federal judge on Monday dismissed a criminal complaint against a pair of former FBI officials accused of lying to Congress during its investigation of Hunter Biden, a person familiar with the matter confirmed to NBC News.
Magistrate Judge Zia Faruqui found the government had failed to show probable cause that Nikki Floris and Bradley Benavides had lied to lawmakers about what they knew about the investigation into Hunter Biden’s laptop. Data from the abandoned computer later led to successful criminal charges against former President Joe Biden’s son.
The case was brought by criminal complaint rather than being presented to a federal grand jury in Washington, where jurors have been skeptical of politically-tinged cases against purported Trump enemies, most recently rejecting the attempted indictment of Cassidy Hutchinson.
The complaint alleged that the duo lied about their roles on the Foreign Influence Task Force and “about their roles in the FBI’s Hunter Biden investigations” while testifying before the House Judiciary Committee in 2023.
The dismissal came after an FBI agent testified at a preliminary hearing last week that he was concerned the investigation, which had been directed by FBI Director Kash Patel, would be viewed as “political.” He also acknowledged a prosecutor on the case had acknowledged the criminal complaint was flawed in a telephone call last week.
That prosecutor, Carlton Davis — a top aide to the U.S. attorney for the District of Columbia, Jeanine Pirro — is a former Republican Hill staffer who was also involved in the failed indictment of six sitting members of Congress over a social media video that President Donald Trump disfavored.
Pirro’s office did not immediately respond to a request for comment on the judge’s ruling.
The case could theoretically still move forward if the Justice Department were able to convince federal grand jurors of probable cause, but that outcome seems unlikely given Faruqui’s finding that their complaint did not meet that legal standard.
Faruqui previously criticized the government for attempting to bring additional charges against the ex-agents by filing a new unsigned complaint on the court docket without permission from a judge.
Floris and Benavides had been targets of criticism from close allies of the president. Both had worked on security issues for the 2020 presidential election, which Trump has falsely claimed was stolen.
Attorneys for Benavides praised the judge’s decision, and called the accusations against their client “political theater.”
“Bradley Benavides is a patriot,” the statement said. “He is a public servant. And he is innocent. We are grateful that Judge Faruqui carefully weighed the woefully inadequate evidence against the law, and found the government could not meet the extremely low burden of probable cause.”
“We can only hope the government does not now go to the grand jury and try to charge this case behind closed doors, where they can shape the narrative and we are unable to present our side of the story,” it said.