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

The judge said prosecutors used an unsigned overnight filing to add a charge and bypass normal court review.

  • On Tuesday, U.S. Magistrate Zia Faruqui struck an amended criminal complaint filed overnight by the Justice Department against former FBI officials Nikki Floris and Bradley Benavides, scolding prosecutors for the unorthodox, unsigned filing.
  • Floris and Benavides, former leaders of the FBI Foreign Influence Task Force, were charged last week with lying to Congress about their knowledge of the Hunter Biden laptop probe. The task force was disbanded in February 2025 by Attorney General Pam Bondi.
  • Faruqui questioned the government's tactics, noting that "rare charges" involving 2020 facts are typically handled by grand jury indictment rather than complaint. Defense attorneys called the midnight filing "a serious abuse of the criminal charging process."
  • While the judge rejected the new obstruction charge, the original false statements case remains active. "It is not our court's practice," Faruqui said, demanding answers from the Justice Department regarding their procedural choices.
  • This prosecution coincides with midterms just 10 days away, marking another high-profile case where the Justice Department has struggled to secure grand jury indictments in the nation's capital. Critics argue the timing suggests political motivation.
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Politico broke the news in Arlington County, United States on Tuesday, October 27, 2026.
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