Cohen examines why a judge dismissed the FBI agents' case
Glenn Kirschner explains how prosecutors' choice of procedure opened their evidence to scrutiny, and why a grand jury remains an option.
Why this story? 1,032,497 views so far, and here is what is inside it.
WHOA: FBI agents drop LEGAL BOMB on Trump
Things we can learn from the video
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- 0:18Kirschner says prosecutors filed criminal complaints directly rather than first seeking a grand jury indictment.
- 1:33An evidentiary hearing ends with Judge Faruqui dismissing the case for lack of probable cause.
- 3:45Kirschner reads the judge's criticism of the investigation as rushed and a weaponization of the Justice Department.
- 7:10A grand jury remains an option, but Kirschner argues that reusing inadequate evidence carries further legal risks.
- 12:33Kirschner argues that politically motivated cases divert public resources from investigating other major crimes.
Prosecutors bypassed a grand jury, but that did not spare their evidence a courtroom test. That procedural choice is the central detail in Brian Tyler Cohen's Legal Breakdown discussion with former federal prosecutor Glenn Kirschner about criminal complaints against two former FBI agents.
Kirschner explains that filing the complaints directly gave the defendants access to an evidentiary hearing. Magistrate Judge Zia Faruqui heard testimony and dismissed the case for lack of probable cause. The agents had been accused of lying about Hunter Biden's laptop.
The episode's title, "WHOA: FBI agents drop LEGAL BOMB on Trump", promises a dramatic reversal. The substance is a judge's rejection of the prosecution's evidence, accompanied by unusually forceful criticism. Reading from Faruqui's findings, Kirschner quotes the judge: "There is no denying this investigation was rushed, and it cannot be described as anything other than weaponization of the Department of Justice."
Dismissal does not necessarily close every route. Kirschner says prosecutors could still take the matter to a grand jury, but argues that proceeding with evidence already found inadequate risks further dismissals and referrals to bar authorities.
Recorded before the midterm election, the discussion ends with Cohen urging people to vote. Before that appeal, Kirschner makes his broader argument: politically motivated prosecutions consume staff time and resources that could otherwise go toward fraud, terrorism and other major crimes.
The U.S. federal department responsible for enforcing federal laws and administering justice. It is led by the attorney general, who reports to the president.
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The numbers
The Legal Breakdown episode has drawn just over a million views in four days. Its audience size is not unusual for Cohen's channel; the court ruling is the story.


