A federal magistrate judge criticized prosecutors Tuesday for filing an unsigned amended criminal complaint that added obstruction allegations against two former FBI officials accused of misleading Congress about investigations involving Hunter Biden.
By yourNEWS Media Newsroom
A federal judge sharply questioned the Justice Department’s handling of criminal proceedings against two former senior FBI officials Tuesday after prosecutors submitted an unsigned, unsworn amended complaint adding an obstruction charge just hours before a scheduled court hearing.
U.S. Magistrate Judge Zia Faruqui expressed concern that prosecutors had placed the revised complaint on the federal court docket without obtaining judicial authorization establishing probable cause.
“It is not our court’s practice, and I think it is appropriately not our practice, that unsigned complaints are filed on the docket,” Faruqui said during the hearing, according to The Associated Press.
The dispute involves Nikki Cole Floris, 46, of Alexandria, Virginia, and Bradley Benavides, 56, of Aiken, South Carolina, who were charged Oct. 23 with making false statements to Congress about their knowledge of and involvement in FBI investigations concerning Hunter Biden, the son of former President Joe Biden.
The revised complaint, filed early Tuesday, alleged that the defendants also obstructed a congressional investigation by concealing information about the FBI’s handling of matters involving Biden.
According to CBS News, the amended document was neither signed nor sworn, an unusual circumstance because federal criminal complaints ordinarily require sworn supporting statements and judicial review before charges are authorized.
The filing prompted an immediate objection from Floris’ defense attorneys, who accused prosecutors of attempting to bypass established procedures.
“What is going on at the D.C. U.S. Attorney’s Office?” the lawyers said in a statement. “In the middle of the night, the government filed an unsigned and unsworn complaint attempting to fix the issues with their original charge against Ms. Floris and adding a new charge just as meritless as the first one.”
The defense attorneys also questioned why prosecutors sought to change the allegations shortly before the preliminary hearing.
“In our combined decades of DOJ service, we have never seen or even heard of something like this being filed,” they said.
Floris and Benavides previously held senior positions in the FBI’s Foreign Influence Task Force, which was responsible for investigating foreign efforts to interfere with American elections and influence domestic political activity.
Floris served as a deputy assistant director overseeing the task force from mid-2019 through mid-2022. Benavides served as its section chief from mid-2019 through the 2020 presidential election.
The task force was disbanded in February 2025.
According to the Justice Department’s original announcement, investigators allege that both officials misrepresented their knowledge of FBI investigations involving Hunter Biden when questioned by the House Judiciary Committee in 2023.
Floris was interviewed by congressional investigators July 19, 2023, while Benavides testified Sept. 28, 2023.
Prosecutors allege that Floris denied participating in discussions concerning Hunter Biden despite internal FBI communications allegedly showing that she had regularly addressed related investigative matters.
Benavides allegedly told congressional investigators that he learned about the FBI’s possession of Hunter Biden’s laptop through Wikipedia in 2023.
Federal investigators contend that contemporaneous communications demonstrate Benavides had discussed the laptop and related investigations with FBI personnel before the 2020 election.
The prosecution also involves an FBI counterintelligence operation known as Round River, which examined information about Hunter Biden and concerns that some allegations could be connected to foreign disinformation efforts.
The Foreign Influence Task Force briefed Republican Sens. Chuck Grassley of Iowa and Ron Johnson of Wisconsin in August 2020 while the lawmakers were examining Hunter Biden’s overseas business activities.
The briefing subsequently became controversial after reports emerged suggesting the senators’ investigation could be connected to Russian disinformation.
Grassley and Johnson disputed that characterization and accused the FBI of improperly undermining congressional oversight.
In a statement following the Oct. 23 charges, Grassley welcomed the prosecution as an accountability measure.
U.S. Attorney for the District of Columbia Jeanine Ferris Pirro has maintained that the charges are supported by documentary evidence and witness statements.
“Lying to Congress by anyone strikes at the heart of our democratic system but when senior FBI agents lie to Congress believing they are above the law, it’s time to bring the hammer of justice down on them,” Pirro said when the initial charges were announced.
The defendants’ attorneys have rejected the allegations, describing the prosecution as politically motivated and unsupported by the evidence.
The timing has attracted additional attention because the alleged false statements occurred more than three years ago, while the charges were brought less than two weeks before the Nov. 3 midterm elections.
The Justice Department initially proceeded through a criminal complaint rather than obtaining an indictment from a federal grand jury.
Although complaints can initiate federal criminal proceedings, prosecutors generally must obtain a grand jury indictment to pursue felony charges unless a defendant waives that requirement.
The distinction is important because a criminal complaint and a grand jury indictment involve different procedures for establishing the legal basis for prosecution.
Tuesday’s hearing provided the defense an opportunity to challenge whether the government had presented sufficient evidence to establish probable cause.
The amended obstruction allegation further complicated the proceedings because prosecutors sought to introduce it through a document that had not received the required judicial authorization.
The prosecution is among several high-profile federal cases involving former government officials whose conduct has drawn scrutiny during President Donald Trump’s second administration.
However, the charges against Floris and Benavides concern their own congressional statements and alleged interference with legislative oversight, not criminal conduct by Hunter Biden.
Hunter Biden received a broad presidential pardon from his father in December 2024.
The latest courtroom confrontation leaves prosecutors facing questions about both the evidence underlying their allegations and the procedures used to bring them.
Floris and Benavides have denied wrongdoing and remain presumed innocent unless proven guilty.
Original article
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