Judge cites ‘weaponization’ in tossing charges for ex-FBI agents accused of lying about Hunter Biden

A federal judge has dismissed criminal charges against two former FBI officials accused of making false statements to Congress about the investigation into Hunter Biden's laptop, sharply criticizing the Justice Department for conducting what he described as a rushed, politically motivated investigation marked by serious procedural errors.

U.S. Magistrate Judge Zia Faruqui dismissed the case against former FBI officials Nikki Floris and Bradley Benavides, declaring that the circumstances surrounding the investigation amounted to the weaponization of federal law enforcement.

The judge highlighted the timing of the investigation, which began one day after President Donald Trump delivered a nationally televised speech revisiting grievances surrounding his 2020 election defeat. According to testimony from an FBI agent involved in the case, FBI Director Kash Patel personally mandated the investigation and closely monitored its progress.

Faruqui also questioned why prosecutors waited until just two weeks before the November 3 midterm elections to bring charges concerning statements the defendants allegedly made to Congress in 2023.

The judge was particularly critical of the Justice Department's unusual prosecution methods. Rather than seeking an indictment through a grand jury, prosecutors filed a criminal complaint, a procedure more commonly used when authorities need to take someone into custody immediately.

During an earlier hearing, Faruqui also reprimanded prosecutors for submitting an amended complaint containing an additional criminal charge without first obtaining the court's approval. He described the maneuver as something he had never previously encountered.

An FBI agent who participated in the investigation acknowledged during testimony that he had concerns the case would be perceived as politically motivated.

The charges stemmed from congressional testimony concerning the FBI's handling of a laptop reportedly left by Hunter Biden at a Delaware computer repair shop in 2019. Prosecutors alleged that Floris and Benavides misrepresented their knowledge of, and involvement in, efforts to investigate the laptop.

The case also revisited longstanding Republican allegations that the FBI suppressed information potentially damaging to Joe Biden during the 2020 presidential campaign.

In particular, prosecutors cited a 2020 FBI defensive briefing given to lawmakers. Republican Senators Chuck Grassley and Ron Johnson have argued that the briefing was used to undermine their investigation of the Biden family by associating their inquiries with Russian disinformation.

Although the criminal complaint has been dismissed, the Justice Department may still seek a grand jury indictment against the two former officials.

The ruling represents another setback for federal prosecutors pursuing politically sensitive investigations in Washington, where grand juries have recently declined to approve charges in several high-profile cases.

The Justice Department's ability to proceed will now depend on whether prosecutors pursue additional legal action.

Source and Attribution: Reporting by Eric Tucker, The Associated Press, updated November 2, 2026, at 11:00 a.m. EST. Summary based on the original AP reporting.