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Judge criticizes Justice Department’s handling of ex-FBI officials’ charges over Hunter Biden investigation

The magistrate judge said prosecutors improperly tried to add charges by filing an unsigned complaint without prior judicial approval.

  • On Tuesday, Magistrate Judge Zia Faruqui criticized Justice Department prosecutors for filing an unsigned, unsworn complaint against former FBI officials Nikki Floris and Bradley Benavides without prior judicial approval.
  • The criminal complaint alleges Floris and Benavides provided false testimony to Congress in 2023 about their roles in the Foreign Influence Task Force, specifically concerning the 'Round River' counterintelligence operation focused on Hunter Biden.
  • Floris' legal team denounced the overnight filing as "outrageous government conduct," stating they had "never seen or even heard of something like this being filed" in their DOJ service combined.
  • Attorneys for Floris and Benavides are expected to challenge the complaint's validity today, aiming to test whether the Justice Department can demonstrate probable cause for charges related to testimony given three years ago.
  • Legal observers noted the timing of the complaint, filed near midterm elections, raises concerns about potential political motivation, as federal guidelines urge prosecutors to avoid sensitive investigative steps before elections.
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Politico broke the news in Arlington County, United States on Tuesday, October 27, 2026.
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