At a hearing, Magistrate Judge Zia Faruqui refused to rubber-stamp a superseding complaint, which would have added an obstruction charge against former intelligence analyst Nikki Floris, who ran the intelligence division at the Washington field office, and Bradley Benavides, a former deputy assistant director for counterintelligence.
Faruqui said that he believed the government had broken precedent by seeking a superseding complaint without first receiving a judge’s signature.
After Floris and Benavides surrendered on arrest warrants last week, Faruqui had ordered a hearing on Tuesday in order to establish probable cause for the initial complaint. Notably, the DOJ did not obtain a grand jury indictment against the ex-officials.
On Monday night, the government submitted an unsworn affidavit it claimed would support an additional obstruction charge. Faruqui refused to sign the complaint without reviewing it or finding probable cause, and proceeded to hold the hearing on just the first complaint.
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