A US federal judge has dismissed criminal charges against two former FBI officials accused of making false statements to Congress about the investigation into a laptop belonging to Hunter Biden, citing serious flaws in the Justice Department’s handling of the case and concerns over its political timing.US Magistrate Judge Zia Faruqui dismissed the complaint against Nikki Floris and Bradley Benavides on Monday, saying the investigation was rushed and marked by procedural errors. He described the prosecution as an instance of “weaponization” and questioned the circumstances under which the case was opened.“What has transpired here cannot be described as anything other than weaponization,” Faruqui said during the hearing as cited by AP.The judge noted that the investigation began a day after President Donald Trump delivered a televised speech revisiting his grievances over the 2020 election. He also pointed to FBI Director Kash Patel’s involvement, saying the investigation had been mandated by Patel and closely monitored by him.Faruqui questioned why prosecutors had waited until two weeks before the midterm elections to bring charges over statements made by the former officials in 2023, despite having had the opportunity to pursue the case earlier.“I will not bury my head in the sand and pretend that I cannot read a calendar,” the judge said.The ruling followed a hearing in which Faruqui criticised prosecutors over their handling of the proceedings. An FBI agent involved in the investigation also testified that he had worried the case could be viewed as politically motivated.The complaint accused Floris and Benavides of misleading lawmakers in 2023 about their involvement in, and knowledge of, efforts to investigate a laptop that Hunter Biden reportedly left at a computer repair shop in Delaware in 2019.The case also revisited Republican allegations that the FBI had attempted to suppress information about the laptop during the 2020 presidential campaign because it could damage the Biden family’s political standing. Joe Biden, the Democratic candidate, defeated Trump in that election.The Justice Department’s filing referred to a 2020 briefing given by Floris and Benavides to lawmakers. Republican Senators Chuck Grassley of Iowa and Ron Johnson of Wisconsin have alleged that the briefing was intended to undermine their investigation into the Biden administration and associate it with Russian disinformation.Faruqui had questioned the legal approach taken by prosecutors from the outset. He raised concerns about the decision to proceed through a criminal complaint rather than seek a grand jury indictment, a route generally used when authorities need to take a defendant into custody quickly.At a preliminary hearing last week, the judge also criticised prosecutors for submitting an amended complaint overnight that added another criminal charge without first obtaining the court’s approval. He said he had not encountered such a procedure before.The judge’s dismissal does not necessarily end the case. According to the report, the Justice Department could still seek a grand jury indictment against the two former officials. However, the ruling marks a setback for prosecutors, particularly as the department has faced difficulties securing indictments in politically sensitive cases in Washington.During the hearing, an FBI agent who worked on the investigation testified that it had been opened after Trump delivered a speech on election security last July. The agent said FBI Director Kash Patel had ordered the inquiry and closely monitored its progress.Faruqui’s decision came two weeks before Tuesday’s midterm elections, a timing that featured prominently in his criticism of the prosecution. The judge questioned why the department had chosen to bring the case at that point rather than when the alleged statements were made in 2023.
