Judge blasts prosecutors in case against former FBI officials

Key Points:

• Magistrate Judge Zia Faruqui criticized federal prosecutors for filing a new criminal complaint overnight against ex-FBI officials Nikki Floris and Bradley Benavides without judicial approval, refusing to sign off on the superseding complaint.
• The new complaint added an obstruction charge related to alleged false statements made to Congress about Hunter Biden investigations, but Judge Faruqui emphasized that such charges should be brought via grand jury indictment, not criminal complaint.
• The judge condemned the prosecutors' departure from standard practice, noting that unsigned complaints are not typically filed and expressing concern over the prosecutors' legal interpretation and timing of the filing.
• Floris' defense lawyers condemned the midnight filing as unprecedented and argued it was an attempt by prosecutors to delay their client's right to challenge the charges and influence public perception outside the courtroom.
• Federal rules require prosecutors to obtain an indictment within 30 days of arrest, and Judge Faruqui insisted the case must proceed through a grand jury, highlighting procedural irregularities in the current handling of the charges.