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Judge dismisses case against 2 ex-FBI agents in Hunter Biden probe

A judge dismissed charges against two former FBI officials accused of lying to Congress about Hunter Biden investigations.

Nov 2, 2026, 4:29 PM By the Genius Eye newsroom (National Reporter) · Fact-checkedHow we report
McGhiever / CC BY-SA 4.0, via Wikimedia Commons

A federal magistrate judge dismissed a criminal complaint against former FBI officials Nikki Floris and Bradley Benavides, who were accused of lying to Congress about their knowledge of investigations into Hunter Biden, NBC News reported.

Magistrate Judge Zia Faruqui found the government failed to establish probable cause that the two agents made false statements during their 2023 testimony before the House Judiciary Committee, CBS News added.

The complaint alleged the duo misrepresented their roles on the Foreign Influence Task Force and in the Hunter Biden investigations, but the judge criticized the case as lacking evidence and described it as politically motivated, according to ABC News.

Testimony revealed the investigation was initiated after a speech by former President Donald Trump and directed by FBI Director Kash Patel, with the judge stating there was no proof of intent to lie by the agents.

The Justice Department disagreed with the dismissal and is considering appealing or seeking a grand jury indictment, while the judge rebuked the DOJ and FBI leadership for what he called "weaponization" of the case.

Floris and Benavides were supported by former senior Justice Department and FBI officials at the hearing, and the judge expressed concern about the political timing of the prosecution ahead of midterm elections.

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