The Donald Trump DOJ tried to prosecute two former FBI agents whom the government alleges lied during testimony before Congress, when ordered to discuss the investigation into a laptop connected to Hunter Biden. Now a judge has dismissed the case, saying the prosecution by the Department of Justice couldn’t be seen “as anything other than weaponization.”
Trump and his allies focused heavily on the laptop, with its shady origin story and unclear chain of custody, suggesting that it connected Hunter Biden, and by extension, his father, Joe Biden (at the time, Trump’s presidential election opponent) to vaguely alleged financial crimes. However, the investigation (which opened under Trump’s administration) did not lead to prosecution for any such actions. If the publicity was intended to sway voters, that aim also failed; Biden won the election.
Ironically, the allegation Trump’s FBI director, Kash Patel, made against these two former agents when charges were announced is echoed in Magistrate Judge Zia Faruqui’s assessment of the prosecution: weaponization of government.
Judge Dismisses Trump DOJ Case Against Nikki Floris & Bradley Benavides
Judge Faruqui dismissed the case on Monday, November 2nd, the day before the midterm election, CNN reported, less than two weeks after the charges were announced.
The judge minced no words in recognizing the prosecution’s apparent intent. He said the case was built on assumptions and was meant to please Donald Trump.
The case, he added, could not be seen “as anything other than weaponization,” adding that it has been “marketing material for people not to join the FBI.”
Certainly, like the laptop itself, these charges arose in the final weeks before an election, and have been touted by right-wing media, despite having no actual connection to anyone currently running for office.
What Exactly Is Alleged?
While in office, President Joe Biden chose to keep his distance from investigations involving his son, allowing them to continue independently. In 2023, two former FBI agents, Nikki Floris and Bradley Benavides, testified before Congress with regard to the laptop, and the investigation.
Charging documents allege that both lied about their involvement with and knowledge of the investigation. Specifically, Benavides stated in that interview that much of his knowledge of the laptop and investigation came from Wikipedia, where he’d read up in the past few days to prepare for the hearing. Floris denied direct involvement in the investigation.
The charging documents call these “materially false statements” and assert they are “contradicted by documentary evidence, communications, and witness accounts.”
The document goes on to cite the testimony of others, identified as “FBI employee 1,” “FBI employee 2,” “FBI employee 3,” and “FBI employee 4,” who allegedly contradict the claims about when and how Floris and Benavides learned of the laptop investigation.
There are no allegations of any false statements other than denying knowledge of a case involving potentially sensitive and weaponizable information ahead of yet another election.
Donald Trump & Weaponization
Donald Trump is no stranger to allegations of weaponization. Even before his first term, he spoke to his rallygoers of the potential to pursue charges against his then-opponent, Hillary Clinton, when and if he won.
In the FBI case, Judge Faruqui had already pushed back somewhat on the DOJ’s case.
Days after the initial filing was submitted — first as a criminal complaint, then amended, without review by a grand jury — prosecutors attempted to add additional charges, according to CBS. He pointed out that the case raised one concern after another.
“Faruqui accused the government of repeatedly making bizarre moves in the case that only raise concerns, saying it was like throwing gasoline on a fire, citing how the case was charged and the decision to use a special assistant U.S. attorney from out of town to help prosecute the case.”
Farqui did, at that time, advise the DOJ that they could refile the charges through the proper channels and procedures.
