A federal magistrate judge on Tuesday rejected an attempt by the Justice Department to add an obstruction charge to a criminal case against two former FBI officials. Nikki Floris and Bradley Benavides are already accused of making false statements to Congress about their roles in investigations involving Hunter Biden, the son of former President Joe Biden.

Why did the judge intervene?

The dispute began when prosecutors filed a superseding criminal complaint after midnight, adding an obstruction of a congressional proceeding charge to the existing allegations. The document reached the public docket without a judge's prior review and without the signature of the FBI agent who swore out the original complaint.

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Magistrate Judge Zia Faruqui said he had never seen such a filing in the history of the D.C. district court. He ordered the new complaint struck from the record, saying it was improper and harmed the defendants. The docket was later updated to note that the filings were entered in error.

What is the case about?

The charges stem from testimony the two former counterintelligence officials gave to the House Judiciary Committee. Prosecutors allege they misled lawmakers about their knowledge of investigations tied to the laptop belonging to Hunter Biden.

Several features of the case have drawn scrutiny from former prosecutors and federal officials:

  • The testimony at issue was given three years ago.
  • The charges arrived shortly before a national midterm election.
  • The FBI agent assigned to the matter acknowledged in court that he worried it could appear "controversial" and "political."

What happens next?

The original complaint accusing Floris and Benavides of lying to Congress remains active. The Justice Department may still try to add charges, but it would first need a judge to find probable cause that a crime was committed.

Defense lawyers for Floris called the overnight filing a bad-faith effort and argued that criminal charges must be authorized by a grand jury, a judge or the defendant. A prosecutor from the U.S. Attorney's Office in Washington conceded that adding charges this way was a first for him as well.

FAQ

Are the original charges still in place?

Yes. The initial complaint accusing the two former officials of false statements to Congress was not dismissed and remains on the docket.

Why was the new charge thrown out?

The judge struck it because prosecutors filed it overnight without his review, without a signature, and without first establishing probable cause.