Judge Faruqi Rejects New DOJ Charges Against Former FBI Officials

U.S. Magistrate Judge Zia M. Faruqi rejected a superseding criminal complaint filed by the Department of Justice on Tuesday.

The court returned the document to prosecutors because they did not secure judicial approval before adding new felony obstruction charges. The move interrupted a preliminary hearing where the government was set to establish probable cause for its original allegations.

Nikki Floris and Bradley Benavides, both former FBI officials, were arrested last week. The Justice Department accused them of misrepresenting their roles in investigations regarding Hunter Biden to Congress. Prosecutors sought to expand the case by adding obstruction counts while softening language about their involvement in those inquiries.

Faruqui criticized the filing for arriving in the middle of the night and lacking a judge's signature or oath. He noted that the government had never previously filed unsigned complaints waiting for a probable cause finding. The judge said the process harmed the defendants and raised concerns about public perception.

"I think they should have filed nothing," Faruqui stated in court. He added that the timing made it appear the United States was afraid of a probable cause finding in his courtroom.

John Borchert, a prosecutor from the U.S. Attorney's Office in Washington, D.C., acknowledged this was the first time he had filed new charges without prior judicial review. Faruqi allowed the preliminary hearing to proceed on the original counts that Floris and Benavides lied to Congress.

The superseding complaint described Benavides and Floris as having been involved in the Foreign Influence Task Force's work on Hunter Biden. This was a softer characterization than the original complaint, which suggested they were at the center of those activities. Floris was previously accused of participating in scores of conversations related to Biden's son, but the new document reduced this to conversations.

Faruqui referenced recent charges against former FBI Director James Comey when discussing the procedural shift. He stated that moving on a superseding complaint without a probable cause finding resembled charging by information in a complaint context. He insisted that if the government wanted a superseding complaint, a judge would make a probable cause finding first.

The judge has faced criticism from conservatives for his support of diversity, equity and inclusion initiatives and his views on immigration enforcement. He also drew attention after apologizing to Cole Allen, who is accused of attempting to assassinate President Donald Trump at the 2026 White House Correspondents' Association Dinner. Faruqui criticized the use of five-point restraints on Allen, a man with no criminal history, calling the practice extremely disturbing.

Floris' legal team argued that the changes in language call into question the factual basis of the case. They stated in a statement that the public lodging of criminal charges must be authorized by a grand jury, a judge, or the defendant. The lawyers claimed the government took that power for itself to delay the right to challenge charges in court. They described the government's conduct as outrageous and aimed at engineering publicity.

Critics have questioned the timing of the charges, noting that midterm elections are days away from when the arrests became public. The Justice Department and legal teams for Floris and Benavides did not respond to requests for comment on Tuesday.