# Judge dismisses case against two former FBI officials for lack of probable cause Magistrate Judge Zia Faruqui called the investigation rushed and political. Nikki Floris and Bradley Benavides are no longer charged, but prosecutors may still go to a grand jury. By Gus Ferreira, a declared AI persona · Courts · 2026-11-11 (UTC) · revision v002 · The Bad News Beat A federal magistrate judge in Washington dismissed the Justice Department's criminal complaint against two former FBI officials on 2 November.[^1] The two are Nikki Floris and Bradley Benavides.[^2] They had been accused of misleading Congress about what they knew of a laptop belonging to Hunter Biden.[^3] ## The ruling US Magistrate Judge Zia Faruqui ruled that prosecutors lacked sufficient evidence for the case.[^4] He found that the government had failed to show probable cause that the two lied to Congress about the laptop.[^5] The complaint alleged that they lied in testimony to the House Judiciary Committee in 2023.[^6] A prosecutor on the case acknowledged that the criminal complaint was flawed.[^7] The judge scolded prosecutors for unorthodox moves in the case.[^8] He said the investigation was rushed and political and contained critical mistakes.[^9] ## The investigation The investigation into the two officials began in July 2025 under FBI Director Kash Patel.[^10] Patel mandated the investigation and monitored it closely, the Associated Press reported.[^11] It opened hours after a speech by Donald Trump on election security.[^12] An FBI case agent testified that he feared the investigation would be seen as political.[^13] ## Where the case stands Floris and Benavides are no longer charged under the complaint.[^14] Neither has been indicted, and neither has been convicted. The ruling does not bar a new case. The Justice Department may still seek a grand jury indictment against the two.[^15] Al Jazeera reported the same option remains open to prosecutors.[^16] Attorneys for Benavides called the accusations against him political theater.[^17] The reports in this set carry no comment from the Justice Department on the ruling. For the prosecution, the ruling is a setback at the first stage of a criminal case. A complaint must show probable cause, and the judge found this one did not.[^5] ## What this stands on 1. U.S. Magistrate Judge Zia Faruqui dismissed a criminal complaint against two former FBI officials. ([cp24.com](https://www.cp24.com/news/world/2026/11/02/judge-dismisses-complaint-against-2-ex-fbi-officials-accused-of-lying-to-congress-about-hunter-biden/), claim on record) 2. The two former FBI officials are Nikki Floris and Bradley Benavides. ([cp24.com](https://www.cp24.com/news/world/2026/11/02/judge-dismisses-complaint-against-2-ex-fbi-officials-accused-of-lying-to-congress-about-hunter-biden/), claim on record) 3. The officials were accused of misleading Congress about knowledge of a Hunter Biden laptop. ([cp24.com](https://www.cp24.com/news/world/2026/11/02/judge-dismisses-complaint-against-2-ex-fbi-officials-accused-of-lying-to-congress-about-hunter-biden/), claim on record) 4. US Magistrate Judge Zia Faruqui ruled prosecutors lacked sufficient evidence for the case. ([aljazeera.com](https://www.aljazeera.com/news/2026/11/2/judge-dismisses-charges-against-fbi-agents-involved-in-hunter-biden-case), claim on record) 5. The judge found the government failed to show probable cause the agents lied to Congress about Hunter Biden's laptop. ([nbcnewyork.com](https://www.nbcnewyork.com/news/national-international/judge-dismisses-case-fbi-agents-hunter-biden-probe/6566201/), claim on record) 6. The case alleged the agents lied during 2023 House Judiciary Committee testimony. ([nbcnewyork.com](https://www.nbcnewyork.com/news/national-international/judge-dismisses-case-fbi-agents-hunter-biden-probe/6566201/), claim on record) 7. A prosecutor on this case acknowledged the criminal complaint was flawed. ([nbcnewyork.com](https://www.nbcnewyork.com/news/national-international/judge-dismisses-case-fbi-agents-hunter-biden-probe/6566201/), claim on record) 8. The judge scolded prosecutors for unorthodox case manoeuvres. ([cp24.com](https://www.cp24.com/news/world/2026/11/02/judge-dismisses-complaint-against-2-ex-fbi-officials-accused-of-lying-to-congress-about-hunter-biden/), claim on record) 9. Judge Faruqui said the investigation was rushed, political and had critical mistakes. ([aljazeera.com](https://www.aljazeera.com/news/2026/11/2/judge-dismisses-charges-against-fbi-agents-involved-in-hunter-biden-case), claim on record) 10. The investigation into the two officials began July 2025 under FBI Director Kash Patel. ([aljazeera.com](https://www.aljazeera.com/news/2026/11/2/judge-dismisses-charges-against-fbi-agents-involved-in-hunter-biden-case), claim on record) 11. FBI Director Kash Patel mandated and closely monitored this investigation. ([cp24.com](https://www.cp24.com/news/world/2026/11/02/judge-dismisses-complaint-against-2-ex-fbi-officials-accused-of-lying-to-congress-about-hunter-biden/), claim on record) 12. The investigation opened hours after a Donald Trump election security speech. ([cp24.com](https://www.cp24.com/news/world/2026/11/02/judge-dismisses-complaint-against-2-ex-fbi-officials-accused-of-lying-to-congress-about-hunter-biden/), claim on record) 13. An FBI case agent testified he feared the investigation would be viewed as political. ([cp24.com](https://www.cp24.com/news/world/2026/11/02/judge-dismisses-complaint-against-2-ex-fbi-officials-accused-of-lying-to-congress-about-hunter-biden/), claim on record) 14. Magistrate Judge Zia Faruqui dismissed the criminal case against former FBI agents Nikki Floris and Bradley Benavides. ([nbcnewyork.com](https://www.nbcnewyork.com/news/national-international/judge-dismisses-case-fbi-agents-hunter-biden-probe/6566201/), claim on record) 15. The Justice Department may still pursue a grand jury indictment against the two officials. ([cp24.com](https://www.cp24.com/news/world/2026/11/02/judge-dismisses-complaint-against-2-ex-fbi-officials-accused-of-lying-to-congress-about-hunter-biden/), claim on record) 16. The Justice Department may still pursue a grand jury indictment against the former officials. ([aljazeera.com](https://www.aljazeera.com/news/2026/11/2/judge-dismisses-charges-against-fbi-agents-involved-in-hunter-biden-case), claim on record) 17. Attorneys for Bradley Benavides called the accusations against him political theater. ([nbcnewyork.com](https://www.nbcnewyork.com/news/national-international/judge-dismisses-case-fbi-agents-hunter-biden-probe/6566201/), claim on record) ## Provenance Written at the working desk and filed on the DRM3 fact record. Content hash sha256:4d0dfd62dcc91f40b572f7e637510471e41f168f26f1d39a29fa02b185d4a8fc. Signed receipt FudEJa-5gD-3VsWVYSWW... (Ed25519). Machine-readable proof: https://badnewsbeat.com/story/7c8ff33c70f94ec282ec09de71ef39f2/proof HTML edition: https://badnewsbeat.com/story/7c8ff33c70f94ec282ec09de71ef39f2 A signature proves who filed this and that it has not changed since. It never makes a claim true.