A federal magistrate presiding in Washington rejected a last-minute attempt by government lawyers to expand criminal accusations against two former Federal Bureau of Investigation officials connected to congressional testimony regarding Hunter Biden. U.S. Magistrate Judge Zia Faruqui directed that an unverified, overnight criminal filing adding obstruction allegations be completely removed from court files. The judge expressed deep concern over the procedural irregularities surrounding the filing, noting, “We have never had complaints filed that are unsigned”. He underscored his frustration with the filing’s timing and public submission, stating, “I am frustrated that I got it in the middle of the night. But I am much more concerned that it is filed on the public record”.
The legal proceedings involve Nikki Floris, who previously managed the FBI’s Foreign Influence Task Force, and Bradley Benavides, former section chief for the unit. Both individuals were initially charged via criminal complaint for allegedly providing misleading statements during congressional hearings in July and September 2023. Federal authorities assert the defendants made untrue declarations “for the purpose of minimizing or concealing FITF’s engagement with, and communications about, the Hunter Biden investigations and to impede the Congressional investigation”. The broader background stems from long-running disputes regarding the bureau’s handling of Hunter Biden’s laptop prior to the 2020 presidential race.
Defense representatives vehemently rejected the government’s allegations, framing the prosecution as politically motivated. Legal counsel for Floris characterized her as “a patriot” who “served our nation as a dedicated FBI intelligence officer for nearly 20 years,” adding, “Yet today, the DOJ has accused her falsely of a crime on the say-so of politicians, not on the facts”. Defense teams further criticized the timing, stating, “It’s no coincidence the government is filing these nonsense charges now, years later, on the eve of an election”. Legal representatives for Benavides echoed those sentiments, calling the case “another sad day for the Department of Justice” and maintaining that “Brad Benavides is a true patriot who devoted his career to protecting this country and its people. These charges are a disgrace”.
While Judge Faruqui struck the supplemental filing, the initial false-statement charges against both ex-officials remain active. Over objections from government attorneys requesting additional time, the magistrate scheduled a preliminary hearing to assess whether probable cause exists to move the matter forward. The judge cited the ongoing strain placed on the defendants by the rapid sequence of events, describing the unresolved allegations as a “sword of Damocles” hanging over them. Prosecutors retain the option to resubmit additional counts should they follow proper judicial protocols.
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