Judge rejects DOJ's bid to add charges against ex-FBI officials in Hunter Biden probe
WASHINGTON, DC: A federal magistrate judge tossed out the Justice Department’s bid to slap an extra criminal charge on two ex-FBI officials who allegedly lied to Congress about the bureau’s probe into Hunter Biden. Judge Zia Faruqui said on Tuesday, October 27, that the department messed up; they filed the new complaint without a proper signature, oath, or the judge’s review.
This whole thing centers on former FBI counterintelligence officials Bradley Benavides and Nicole Floris. They’re accused of giving the House Judiciary Committee misleading information about what they knew regarding investigations tied to Hunter Biden.
Judge rejects DOJ’s attempt to add obstruction charge
During an often-tense, hours-long court hearing, the FBI agent assigned to the investigation also acknowledged to a defense attorney that when he was put on the case over the summer, he was concerned it could be seen as "controversial" and "political."
⚖️ Federal Judge Slams Trump DOJ Over Handling of Criminal Case Against Former FBI Officials 🔴 Judge Rebukes Justice Department: U.S. Magistrate Judge Zia Faruqui sharply criticized federal prosecutors for their handling of criminal charges against two former FBI officials, Nikki Floris and Bradley Benavides, accusing the government of disregarding established judicial procedures. ⚖️ New Charges Rejected: The judge struck an amended criminal complaint that prosecutors filed overnight, adding an obstruction of Congress charge without first obtaining the required judicial approval. Faruqui questioned why prosecutors had departed from longstanding court procedures. 📂 Hunter Biden Investigation at Center of Case: The two former FBI officials are accused of making false statements to Congress in 2023 about their knowledge of Hunter Biden's laptop and the FBI's handling of related information before the 2020 presidential election. 🚨 Judge Questions Prosecutors' Conduct: Faruqui expressed frustration that the Justice Department publicly filed an unsigned complaint without a judicial determination of probable cause. He questioned why prosecutors appeared reluctant to submit their allegations to ordinary judicial scrutiny. 🏛️ Defense Accuses DOJ of Abusing Its Authority: Attorneys representing the former officials characterized the government's actions as a serious abuse of the criminal charging process. Both defendants deny wrongdoing and challenge the allegations. 📌 Original Criminal Case Remains Active: Although the judge removed the amended complaint, the original false statement charges were not dismissed. The court continued examining whether prosecutors had established sufficient probable cause to proceed. 🇺🇸 Political and Legal Implications: The confrontation adds scrutiny to the Trump administration's Justice Department as it pursues criminal investigations involving former federal officials. The immediate dispute concerns prosecutorial procedures and judicial oversight, rather than a final determination of whether the defendants committed crimes.
— Washington Report (@Washington_Rep) October 27, 2026
Faruqui noted that it was never reviewed by him to establish whether there was probable cause a crime was committed.
Filing an unsworn complaint on the public docket and bypassing judicial review, he said, is unheard of and raises questions about the DOJ's motivations.
He said he would be ordering that the new version of the charging documents be "struck from the record," though the Justice Department could try to add new charges the proper way.
The docket was later updated to say that the Justice Department's filings were entered "in error."
The original criminal complaint, which was filed last week, is still intact, accusing Floris and Benavides of falsely suggesting to the House Judiciary Committee that they weren't aware of the government's investigations surrounding Hunter Biden.
Faruqui said, "We have never had complaints filed that are unsigned," calling it "inappropriate" and saying it "harms the defendants."
"I am unaware of that ever happening before in this court," he added. "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."
FBI agent says he worried probe could appear political
FBI agent Bryan Witt, who signed the affidavit outlining the allegations against Floris and Benavides, was questioned by defense attorneys about how the investigation began.
Toward the end of the hearing, Floris' attorney Margaret Donovan asked Witt how the investigation into the former FBI officials reached his desk.
Witt said it was assigned to him through the FBI's chain of command in July, after FBI Director Kash Patel gave the case to the Kansas City field office.
Witt called the assignment unusual, and acknowledged that he may have complained to colleagues about it at the time, calling it a "huge distraction" and saying: "I had concerns that this would be viewed as political."
"I have my own cases in Kansas City, I have some great cases going, I wasn't looking for extra cases that would be controversial," Witt said at one point.
The investigation later shifted to look at Floris' and Benavides' statements about Hunter Biden, according to Witt.
The charges come from what Floris and Benavides told the House Judiciary Committee: Floris in July 2023, Benavides in September. Prosecutors say both of them lied about how much they knew and what they did in FBI investigations related to Hunter Biden.
They also say Floris and Benavides tried to play down what the FBI’s Foreign Influence Task Force really did.
The task force ran something called the “Round River” operation. In simple terms, they gathered reports from informants, including details about Hunter Biden, and looked into whether any of it was Russian disinformation before the 2020 election.
