The facts
The Justice Department announced on 23 October that Floris and Benavides had been charged with making false statements to Congress under 18 U.S.C. § 1001(a)(2). Those are allegations, not findings of guilt; the department’s release says defendants are presumed innocent unless proven guilty. [2]
AP, Reuters and The Washington Post reported that Magistrate Judge Zia Faruqui dismissed the criminal complaint on 2 November after a three-day hearing the previous week, finding prosecutors had not established probable cause. AP reported that he cited a lack of evidence that the statements were intentionally false, material to the congressional inquiry or motivated by an intent to deceive. [3][4][5]
AP and Reuters reported that Faruqui described the investigation as rushed and said the decision to bring the complaint immediately before the midterms raised concerns about political timing. Those are the judge’s criticisms, not a separate finding about any election result. [3][4]
The Washington Post reported that a Justice Department spokesperson disagreed with the magistrate’s decision and said the department was evaluating its options. AP and Reuters reported prosecutors could seek a grand-jury indictment; no subsequent charging action was established in the sources checked. [3][4][5]
The U.S. District Court for the District of Columbia’s public unsealed-case index lists the matter as USA v. Floris et al., case 26-mj-185, and lists an order unsealing the case. The index checked did not display a separate written dismissal order. [1]
Still unconfirmed
- Whether the Justice Department will appeal, seek an indictment or take another charging step remains unknown.
- The public D.C. court index checked did not list a separate written order for the 2 November bench ruling; the dismissal is reported from the hearing by AP, Reuters and The Washington Post.
Sources
References support the numbered facts above. Source checks: 2 Nov 2026, 21:05 UTC.
The public D.C. court index verifies the case and prior unsealing but did not display a written dismissal order in the check. AP, Reuters and The Washington Post independently report the bench ruling. The DOJ’s original release supplies the charge description and presumption-of-innocence statement; the complaint is not treated as proof.
- Unsealed Magistrate Cases, 2026
U.S. District Court for the District of Columbia · Primary source · 26 Oct 2026
Opened the official case index. It lists USA v. Floris et al., case 26-mj-185, with a 26 October order unsealing the case; it did not show a separate written 2 November dismissal order.
- Two Former FBI Officials Charged in Lying to Congress about Hunter Biden Investigations
U.S. Department of Justice, U.S. Attorney’s Office for the District of Columbia · Primary source · 23 Oct 2026
Opened the DOJ release and its description of the complaint. It says the former officials were charged with false statements and explicitly describes charges as allegations, with defendants presumed innocent unless proven guilty.
- Judge cites “weaponization” in Biden laptop-related case and tosses charges
The Associated Press · Reporting · 2 Nov 2026
Opened the full report. It describes Faruqui’s 2 November bench ruling, the probable-cause reasoning, the hearing evidence, his criticism of the timing and the possibility of a later indictment.
- US judge tosses case against ex-FBI officials accused of lying about Hunter Biden probes
Reuters, republished by 93.3 The Drive · Reporting · 2 Nov 2026
Opened the Reuters dispatch republished by the station. Reuters independently reports the oral dismissal, judge’s probable-cause finding, timing criticism and potential grand-jury route.
- Judge dismisses case against former FBI agents in Hunter Biden laptop investigation
The Washington Post · Reporting · 2 Nov 2026
Opened Salvador Rizzo’s report, which confirms the dismissal and probable-cause finding and includes the Justice Department’s response that it disagrees and is evaluating its options.