WASHINGTON — A federal judge on Tuesday dismissed a new criminal charge against two former FBI officials accused of lying to Congress, rebuking the Justice Department for utilizing irregular and unprecedented procedures to bring the allegation. Magistrate Judge Zia M. Faruqui lambest prosecutors during a Tuesday hearing, stating they had effectively invented “their own category of charging” through an unsigned and unsworn filing.
The development unfolded around a superseding criminal complaint lodged overnight against Nikki Floris and Bradley Benavides. The two former officials were initially charged last week with making false statements to Congress regarding their knowledge of an investigation into Hunter Biden’s laptop. Seeking to bolster their case, government attorneys attempted to add an obstruction count in a new filing that lacked the signature of any law enforcement officer or judge.
Prosecutor John Borchert of the U.S. Attorney’s Office for Washington, D.C., acknowledged in court that “this has never been done before,” while suggesting that the document could simply be signed during the ongoing hearing. Judge Faruqui rejected the request outright and struck the complaint from the record. He questioned why prosecutors deviated from standard protocols established across the district.
While expressing belief that the prosecution acted in good faith, Faruqui voiced broader concerns about institutional integrity. “This system is being misused by people of higher levels,” he remarked from the bench, adding that “everything is a sideshow on top of a sideshow” in the proceedings.
The case has drawn intense scrutiny amid allegations of political interference. Mary Dohrmann, an attorney representing Floris, argued that mounting evidence points to the prosecution acting as a “political football” rather than a matter grounded strictly in law and facts. Floris and Benavides faced heavy criticism from allies of President Donald Trump due to their past involvement with election security issues surrounding the 2020 contest, claims of which Trump continues to challenge.
Legal representatives for Floris issued a scathing statement following the hearing, denouncing what they termed “outrageous government conduct against a decorated public servant.” They noted that in their combined decades of Justice Department service, they had never encountered an unsigned, unsworn midnight filing intended to patch up a flawed original charge.
U.S. Attorney for the District of Columbia Jeanine Pirro downplayed the procedural misstep when questioned by reporters prior to the judge’s ruling, asserting that the decision rested with the court and that prosecutors retained the ability to pursue additional charges.
Following the dismissal of the new complaint, proceedings continued regarding the original charges. FBI Special Agent Bryan Witt took the stand to testify that the investigation originated after FBI Director Kash Patel issued a directive instructing the bureau’s Kansas City, Missouri, field office to examine specific individuals, including Floris.
Witt testified that he initially viewed the assignment as a major distraction from an ongoing public corruption case, noting his apprehension that the inquiry would be perceived as politically motivated. He stated that the investigation received priority treatment and aggressive scheduling, with regular oversight from high-ranking officials, including Patel and an FBI deputy director. When questioned whether Patel directly pressured him, Witt answered in the negative. The evidentiary hearing is slated to resume on Wednesday.
