Judge dismisses charges against FBI agents

Magistrate Judge Zia Faruqui dismissed a false statements case against former FBI officials Nikki Floris and Bradley Benavides on Monday, November 3, 2026.

Judge accuses DOJ of weaponization

Faruqui delivered a scathing rebuke from the bench, accusing current FBI and DOJ leadership of seeking to impact the midterm elections through the prosecution.

“What has transpired here cannot be described as anything other than weaponization.”

Case initiated after Trump's July address

Testimony revealed the case was initiated only after President Donald Trump held a July address alleging widespread election fraud and corruption by the FBI under Biden.

FBI Director Kash Patel ordered the case

An FBI agent who led the case testified it was ordered directly by FBI Director Kash Patel, according to testimony in rare public hearings Faruqui convened.

Judge finds no evidence of intent to lie

Faruqui said there is simply nothing showing either agent intended to make false statements about the Hunter Biden probes, dismissing the government's case.

“Without motive, without direct evidence, I have nothing.”

Judge criticizes timing before midterms

Faruqui faulted the DOJ for rushing to bring charges before the midterms, apparently violating a longstanding practice limiting overt investigative steps within sixty days of elections.

“I will not bury my head in the sand and pretend I cannot read a calendar.”

Judge warns prosecution will deter FBI recruits

Faruqui said the flawed prosecution and messaging by top officials would likely deter qualified investigators from joining the FBI and threaten Congress's ability to get future witness testimony.

“This case is marketing material to discourage people from joining the FBI.”