Trump Suffers Major Legal Blow as Judge Tosses Case Against Two FBI Agents Accused of Hunter Biden Laptop 'Cover-Up'
A judge dismissed criminal complaints against two former FBI officials who make remarks about Hunter Biden's laptop.
Nov. 2 2026, Published 5:31 p.m. ET
President Donald Trump suffered a major legal loss as U.S. Magistrate Judge Zia M. Faruqui dismissed criminal complaints on November 1 against two former senior FBI officials accused of lying to Congress about their knowledge of the investigation into Hunter Biden’s laptop.
The judge cited what he called the “weaponization” of the Justice Department in his decision, RadarOnline can report.
Dismissed 'Weaponization' Criminal Complaints
Judge Faruqui dismissed the cases against Nikki Floris, 46, and Bradley Benavides, 56, after an hourlong ruling from the bench.
He said the investigation was rushed, conducted at the behest of Trump and FBI Director Kash Patel, and marred by “critical mistakes.”
Faruqui stated, “I am deeply troubled by what has happened here in this case. What has transpired here cannot be described as anything other than weaponization.”
Prosecutors allegedly failed to establish that the former officials intentionally made false statements during their 2023 congressional testimony, that the statements affected the investigation, or that either official had a motive to deceive lawmakers.
“Without motive, without direct evidence, I have nothing,” Faruqui said regarding probable cause.
He described the government’s case as a “slapdash” effort and questioned why charges were brought in 2026 over testimony given three years earlier, just 10 days before the November 3 midterms.
“I will not bury my head in the sand and pretend that I cannot read a calendar,” he said.
How the Case Was Handled
An FBI agent assigned to the case testified that colleagues viewed the investigation as a 'witch hunt.'
Prosecutors charged Floris and Benavides through criminal complaints rather than seeking a grand jury indictment.
Faruqui questioned the decision, saying, “It is self-evident that the U.S. attorney’s office is avoiding taking this case to a grand jury.”
He also criticized an attempt to file an amended public complaint overnight with an additional obstruction charge without prior court approval, calling the overall process “a little sideshow on top of a little sideshow.”
However, the dismissal does not permanently end the case.
The Justice Department can still seek a grand jury indictment, though the department has struggled to obtain indictments in politically charged cases in Washington, D.C.
FBI Agent’s Testimony
Faruqui questioned the decision to use criminal complaints instead of a grand jury indictment.
During a three-day preliminary hearing the previous week, FBI agent Bryan Witt, who was assigned to the investigation, testified that colleagues viewed the inquiry as a “witch hunt” and that he personally considered it a “huge distraction” from his regular work.
Witt said the investigation began one day after Trump delivered a primetime election security speech revisiting his 2020 election grievances.
He also testified that Patel demanded and received constant updates, an unusual level of involvement.
Faruqui cited the pressure to deliver results quickly as a factor that led to critical mistakes, including the complaint incorrectly claiming the officials had provided sworn testimony when they were not under oath.
What the Officials Were Accused Of
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The judge ultimately found no plausible motive for either to intentionally mislead Congress.
Floris and Benavides were former leaders of the FBI’s Foreign Influence Task Force. Prosecutors alleged they falsely downplayed their knowledge of the Hunter Biden laptop investigation during 2023 House testimony.
Floris said she did not have details about the probe; Benavides said he learned about the laptop from a Wikipedia page shortly before testifying.
The judge ultimately found no plausible motive for either to intentionally mislead Congress.
Defense attorneys for Floris called the prosecution a “politically motivated smear campaign aimed at scoring political points before the midterm elections” and said the charges “should never have been brought in the first place.”
