A federal judge tore into Department of Justice prosecutors Tuesday for attempting to file a new criminal complaint alleging that two ex-FBI agents had lied to Congress during the investigation into Hunter Biden’s laptop.
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 told the prosecutors that if they wanted to file a superseding complaint, then a judge would first have to find probable cause that a crime had actually been committed. Instead, the government had transmitted the complaint in the middle of the night and expected the judge to sign it.
Faruqui said that he believed the government had broken precedent by seeking a superseding complaint without first receiving a judge’s signature.
“I’m concerned with your view as to what the law is,” he said. “Why today, on this one case, have you changed the entire history of how you charge cases?”
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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