Federal judge blocks last-minute changes to case against former FBI officials

A federal judge in Washington blocked an attempt by the Justice Department to add fresh criminal charges against two former FBI counterintelligence officials just hours before a scheduled court hearing. Magistrate Judge Zia Faruqui expressed strong anger after prosecutors filed an unsigned and unsworn complaint on the public court docket past midnight on Tuesday without seeking prior judicial review to establish probable cause.

Court Clash

Faruqui called the filing method unheard of and ordered the documents to be struck from the record, while prosecutor John Borchert conceded the move was a first for him as well. Defense attorneys strongly criticized the government's actions, with one lawyer labeling the conduct Kafkaesque and another arguing the prosecution serves as a political football rather than a pursuit of the law. The original complaint accuses former officials Nikki Floris and Bradley Benavides of lying to a congressional committee during testimony given in July and September of 2023 regarding their work on the Foreign Influence Task Force and an operation examining informant reporting on Hunter Biden ahead of the 2020 election.

Context

Magistrate judges review criminal complaints before public docketing to ensure there is enough evidence to suspect a crime took place. Such legal checks are designed to protect the rights of defendants from improper or rushed accusations by the government.