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DOJ Case Dismissed: Judge Cites Weaponization in Hunter Biden Probe

Magistrate Judge Zia Faruqui ruled the Department of Justice lacked probable cause and rushed the prosecution before the midterms.

By Fatima Popov ·

Illustration for: DOJ Case Dismissed: Judge Cites Weaponization in Hunter Biden Probe
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The Department of Justice spent years pursuing two former FBI officials before a federal judge dismissed the case on Monday, ruling the government lacked probable cause. Magistrate Judge Zia Faruqui in U.S. District Court in Washington called the prosecution a 'slapdash job' and stated he was 'deeply troubled by what has happened here.'

The legal dispute centers on statements made by Nikki Floris and Bradley Benavides during their 2023 appearance before the House Judiciary Committee. Prosecutors alleged the former officials lied about investigations into Hunter Biden. Faruqui determined the DOJ failed to present evidence that those statements were knowingly false. He also accused the agency of wrongly rushing the case ahead of the midterm election, describing the situation as 'weaponization.'

The timeline of the prosecution raised specific red flags for the court. Although the alleged misconduct occurred years earlier, prosecutors filed a criminal complaint on Oct. 23 rather than seeking a grand jury indictment. Faruqui noted that criminal complaints are typically used to obtain arrest warrants in urgent situations. Last Tuesday, he refused to sign off on a superseding complaint that added an obstruction charge, questioning why the DOJ changed its charging methods for this specific case.

During the Monday hearing, Faruqui apologized to the government's lawyers, calling the assignment of a flawed case to them 'incredibly unfair.' He characterized the process not as a standard investigation but as a 'broken one-wish willow obsession.' The judge told prosecutors he was concerned about their interpretation of the law, asking why they altered historical charging practices on this single matter.

Attorneys for the former officials reacted positively to the ruling outside the courthouse. A lawyer for Floris stated the case should never have been brought, describing the prosecution as a 'spaghetti-at-the-wall, Hunter-Biden-conspiracy fever dream.' Counsel for Benavides expressed hope that the DOJ will not seek a grand jury indictment to keep the case alive, noting that such a process occurs behind closed doors where the defense cannot present its side.

The Department of Justice responded to the dismissal by stating it disagrees with the decision. In a statement, the agency said it is evaluating all options but cannot comment further on an ongoing criminal investigation. The DOJ added that its actions will continue to be guided by the facts, the evidence, and the law, rather than politics.

The dismissal marks the end of the initial legal battle in this district court. Faruqui’s ruling stands as a formal rejection of the criminal complaint filed by the prosecution. The DOJ has not yet indicated whether it will appeal the decision or pursue an alternative legal path to revive the charges against the two former FBI officials.

Source: CNBC

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