Judge dismisses case against two ex-FBI officials charged with lying to Congress about Hunter Biden probe

"What transpired here cannot be described as anything other than weaponization," Faruqui said in an hourlong ruling from the bench, according to NPR. He noted that the case was brought as a criminal complaint rather than through a grand jury about two weeks before the midterm elections, and said, "I will not bury my head in the sand and pretend I cannot read a calendar."

A Justice Department spokesperson said the department "disagrees with the Magistrate's decision" and is "evaluating all options." The department could still appeal or seek a grand jury indictment, CBS News reported. Lawyers for both former officials said they are innocent.

Why it matters: The ruling is the latest court setback for Justice Department cases involving officials the president has criticized, coming a day before the midterms.