Hunter Biden outside a federal courthouse in Wilmington, Delaware, in 2024
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Judge throws out case against two ex-FBI officials, calling it 'weaponization'

FACTS

A federal magistrate judge in Washington on Monday dismissed the criminal complaint against two former FBI officials, Nikki Floris and Bradley Benavides, who were accused of lying to Congress in 2023 about their knowledge of the Hunter Biden laptop investigation.

"What has transpired here cannot be described as anything other than weaponization," U.S. Magistrate Judge Zia Faruqui said from the bench, AP reports. He found the Justice Department had not shown probable cause that the two made false statements to the House Judiciary Committee, The Washington Post reports, and called the case a "rush job" directed by President Trump and FBI Director Kash Patel, according to Fox News. Faruqui noted the investigation was opened the day after a primetime Trump speech on the subject.

Last week Faruqui rejected an amended complaint that prosecutors filed overnight, adding an obstruction charge, without a judge's sign-off. U.S. Attorney Jeanine Pirro's office, which brought the case, did not immediately comment. The Justice Department can still appeal or ask a grand jury for an indictment.

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  1. 11:51 AM ET

    Published.