Judge Dismisses Charges Against Two Ex-FBI Officials in Hunter Biden Case

Federal judge cites insufficient evidence, investigative errors and concerns over political timing
FBI Director Kash Patel personally monitored the investigation’s progress, according to court testimony.
FBI Director Kash Patel personally monitored the investigation’s progress, according to court testimony.[U.S. Federal Bureau of Investigation]
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A federal judge dismissed criminal charges against two former senior FBI officials on Monday, finding insufficient evidence that they lied to Congress about their involvement in an investigation connected to Hunter Biden, the son of former President Joe Biden.

US Magistrate Judge Zia Faruqui sharply criticized the Justice Department's handling of the case, citing investigative failures, procedural irregularities and concerns that the prosecution was politically motivated ahead of the November 2026 midterm elections.

Evidence and Procedural Failures

The case accused Nikki Floris and Bradley Benavides, former senior FBI counterintelligence officials, of making false statements during testimony before the House Judiciary Committee in 2023.

Their testimony concerned an FBI operation known as Round River, which examined intelligence reporting involving Hunter Biden and potential foreign disinformation.

Following three days of testimony, Faruqui concluded that prosecutors had failed to establish probable cause that either official knowingly made materially false statements.

The judge identified significant investigative shortcomings, including the failure to interview congressional staff members who witnessed the disputed testimony.

Prosecutors also attempted to introduce additional obstruction charges through an unsigned, unsworn amended complaint without proper judicial authorization.

Faruqui rejected the filing, describing the procedure as highly irregular.

Political Timing Questioned

FBI Special Agent Bryan Witt testified that the investigation began in July at the direction of FBI Director Kash Patel, shortly after President Donald Trump publicly accused intelligence officials of concealing information about the 2020 election.

Faruqui questioned why prosecutors pursued charges in October 2026 when no imminent statute-of-limitations deadline required immediate action.

He characterized the investigation as rushed and warned that its handling could undermine public confidence in federal law enforcement.

The Justice Department rejected the ruling, arguing that senior government officials should remain accountable for potentially false congressional testimony.

A department spokesperson said prosecutors were evaluating their options and maintained that decisions would be guided by evidence and law rather than politics.

Although the complaint has been dismissed, prosecutors could appeal the decision or seek a grand jury indictment.

The ruling therefore represents a significant setback for the prosecution without necessarily ending the investigation.

FBI Director Kash Patel personally monitored the investigation’s progress, according to court testimony.
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