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Judge voids FBI charges over Hunter Biden laptop probe, cites political timing

Magistrate Zia Faruqui ruled the investigation was rushed and directed by FBI Director Kash Patel, describing the prosecution as an act of weaponization.

By Sakura McCarthy ·

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U.S. Magistrate Judge Zia Faruqui dismissed a criminal complaint against two former FBI officials on Monday, concluding that the case against them was a product of political pressure rather than standard legal procedure. The ruling threw out charges accusing Nikki Floris and Bradley Benavides of making false statements to Congress regarding the Hunter Biden laptop investigation. Faruqui described the handling of the case as "weaponization" during a bench ruling that offered a sharp critique of the Department of Justice's conduct.

The judge pointed to the specific timing of the investigation's launch as evidence of political intent. The probe began one day after President Donald Trump delivered a primetime speech in July that reiterated his claims about losing the 2020 election. Faruqui noted that FBI Director Kash Patel mandated the investigation and closely monitored its progress. The Justice Department filed the criminal complaint two weeks before the midterm elections, a timing choice Faruqui criticized with the remark, "I will not bury my head in the sand and pretend that I cannot read a calendar."

The charges stemmed from statements Floris and Benavides made to lawmakers in 2023. The officials allegedly misled Congress about their roles and their knowledge of efforts to examine a laptop dropped off by Hunter Biden at a Delaware computer repair shop in 2019. The Department of Justice argued that the agents suppressed information during the 2020 presidential campaign that could have harmed the Biden family. Republican Senator Chuck Grassley of Iowa and Senator Ron Johnson of Wisconsin previously claimed that a 2020 "defensive briefing" provided by the agents was used to undermine their investigation and link it to Russian disinformation.

Procedural irregularities drew heavy criticism from the bench. Faruqui questioned why the Justice Department used a criminal complaint, a tool typically reserved for urgent custody needs, instead of seeking a grand jury indictment. He also rebuked prosecutors for filing an amended complaint overnight with an additional charge without first clearing it with the court. During a preliminary hearing last week, an FBI agent who worked on the case testified that he had feared the investigation would be viewed as political. Faruqui said he had never seen a new charge filed directly to the docket without prior judicial approval.

The dismissal represents a tactical setback for the Justice Department, which faces the difficulty of persuading grand juries in the nation's capital to return indictments in politically sensitive cases. The lawyers for Floris and Benavides had pressed for the dismissal, and the ruling grants them that victory at the complaint stage. However, the Department of Justice retains the option to pursue a grand jury indictment to continue the prosecution. The next step in the legal process will depend on whether prosecutors decide to convene a grand jury to review the evidence again.

The case had gained attention as a focal point in the ongoing debate over the FBI's role in the 2020 election. The Department of Justice maintained that the agents' 2023 testimony was misleading about the extent of their involvement. The laptop in question was central to earlier claims by Trump and his allies that the FBI tried to hide damaging information about the Biden family. The dismissal does not end the legal dispute, but it removes the current criminal complaint from the docket.

Source: KSAT-TV

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