A Washington magistrate judge dismissed a Justice Department complaint against two former FBI officials over their testimony on Hunter Biden, and prosecutors may still seek a grand jury indictment, the Associated Press reported.
Magistrate Judge Zia Faruqui issued the ruling Nov. 2 after hearing witnesses over three days, the Associated Press and CBS News reported. CBS News said Faruqui found probable cause lacking and quoted him as saying, “Without motive, without direct evidence, I have nothing.”
The Justice Department’s complaint, filed Oct. 20, accused Nikki Cole Floris and Bradley Benavides of giving the House Judiciary Committee an inaccurate account of what they knew about FBI inquiries linked to Hunter Biden and their roles in those inquiries. The filing identified July 19, 2023, and Sept. 28, 2023, as dates of the challenged testimony and cited 18 U.S.C. § 1001(a)(2), a federal law covering false statements. The complaint makes allegations, not findings of guilt.
FBI Special Agent Bryan Witt’s testimony placed FBI Director Kash Patel’s instruction to open the inquiry in July 2026, one day after President Donald Trump spoke about election security, the Associated Press and CBS News reported. The outlets also said Patel and other senior FBI officials monitored the inquiry’s progress. They reported that Faruqui questioned the prosecution’s handling and its decision to bring the case in October, shortly before the midterm elections, over testimony from 2023.
The Justice Department described Floris as both a deputy assistant director and the functional head of the FBI’s Foreign Influence Task Force from mid-2019 through mid-2022. It said Benavides was the task force’s section chief from mid-2019 through the 2020 election, and that the unit was disbanded in 2025. The department said the task force worked to protect the 2020 election from foreign influence.
Margaret Donovan, Floris’ attorney, told CBS News, “This case should have never been brought.” The Associated Press reported that the Justice Department could still seek a grand jury indictment. CBS News reported that the department could appeal to the chief judge; neither possible step has been confirmed.
