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Politics

Federal Judge Dismisses Complaint Against Former FBI Agents

A federal judge has dismissed a complaint against two former FBI agents accused of lying to Congress about their involvement in an investigation into President Joe Biden's son Hunter.

Judge dismisses case against ex-FBI agents accused on lying to Congress in Hunter Biden probe
Source: NBC News Politics

A federal judge has dismissed a criminal complaint against two former FBI agents accused of lying to Congress about their involvement in an investigation into President Joe Biden's son Hunter.

The case centered on testimony given by Nikki Floris and Bradley Benavides before the House Judiciary Committee in 2023, where they allegedly misled lawmakers about their roles on the Foreign Influence Task Force and their work on the FBI's Hunter Biden investigations.

Magistrate Judge Zia Faruqui ruled that the government had failed to establish probable cause that the agents had intentionally lied to Congress.

A prosecutor in the case had privately acknowledged that the criminal complaint was flawed during a telephone call last week, according to the magistrate judge's ruling. This admission raises questions about the strength of the government's case against the former FBI agents.

The attorney leading the prosecution is Jeanine Pirro, a former Republican Hill staffer who has been involved in high-profile cases in the past, including a failed indictment of six sitting members of Congress over a social media video criticized by President Donald Trump. Despite the judge's ruling, it remains possible for the case to proceed if federal grand jurors are convinced of probable cause.

However, given Magistrate Judge Zia Faruqui's finding that the complaint did not meet the legal standard, it seems unlikely that the Justice Department will be able to convince the grand jurors. This outcome is further complicated by the judge's previous criticism of the government for attempting to bring additional charges without proper authorization.

The dismissal of the case against ex-FBI agents Floris and Benavides has sparked a mixed reaction from Trump allies. Both men had been involved in investigating security issues related to the 2020 presidential election, which Trump has repeatedly claimed was rigged.

Their defense team has issued a statement defending their clients' integrity, calling them "patriots" and "public servants" who are innocent of any wrongdoing. The team also expressed concern that the government may try to charge the case again in secret, behind closed doors, where they would be unable to present their side of the story.

Facts based on reporting originally published by NBC News Politics.

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