Judge strikes late FBI obstruction filing

A federal magistrate judge in Washington ordered the complete removal of an unverified criminal filing that sought to add obstruction charges against two former FBI officials. U.S. Magistrate Judge Zia Faruqui rejected the document because it lacked required signatures and was submitted on the public record without prior notice.

The legal dispute centers on Nikki Floris and Bradley Benavides. Floris previously managed the FBI’s Foreign Influence Task Force, while Benavides served as a section chief for the unit. Federal authorities initially charged both with providing misleading statements during congressional hearings in July and September 2023. The government alleged the false declarations aimed to minimize the task force’s engagement with the Hunter Biden investigations and to impede the congressional probe.

These proceedings stem from ongoing disputes over the FBI’s handling of Hunter Biden’s laptop before the 2020 presidential election. Defense attorneys for both former officials have rejected the prosecution’s claims, describing the case as politically motivated. Counsel for Floris called her a patriot who served as a dedicated FBI intelligence officer for nearly 20 years. Her lawyers argued the Department of Justice accused her falsely based on the say-so of politicians rather than facts. They noted it is no coincidence the government is filing these charges now, years later, on the eve of an election.

Representatives for Benavides echoed those sentiments, calling the case another sad day for the Department of Justice. They maintained that Benavides is a true patriot who devoted his career to protecting the country and its people, labeling the charges a disgrace.

Judge Faruqui expressed concern over the procedural irregularities surrounding the new filing. He stated, “We have never had complaints filed that are unsigned.” The judge 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.”

Although the supplemental obstruction filing was struck, the initial false-statement charges against both ex-officials remain active. The magistrate scheduled a preliminary hearing to assess whether probable cause exists to move the matter forward. This decision came over objections from government attorneys who requested additional time. The judge described the unresolved allegations as a sword of Damocles hanging over the defendants due to the rapid sequence of events. Prosecutors retain the option to resubmit additional counts if they follow proper judicial protocols.