Judge rejects DOJ's midnight filing in Hunter Biden probe

U.S. Magistrate Judge Zia M. Faruqui rejected a new set of charges from the Department of Justice on Tuesday, ruling that prosecutors failed to secure judicial approval before making the filing public. The decision allows a preliminary hearing to proceed on the original allegations against former FBI officials Nikki Floris and Bradley Benavides.

The dispute centers on a superseding criminal complaint filed in the middle of the night, hours before a scheduled hearing. The new document added felony obstruction allegations and altered the language describing the defendants' roles in the Hunter Biden investigations. Faruqui described the unsigned and unsworn document as inappropriate, stating it harmed the defendant by being placed on the public record without a probable cause finding.

"I think they should have filed nothing," Faruqui said in court. "They never had complaints filed on their record that are unsigned, waiting for a judge to make a probable cause finding. I think that it is inappropriate and harms the defendant."

The Justice Department originally accused Floris and Benavides of misrepresenting their involvement in investigations concerning Hunter Biden to Congress. The two were arrested last week. The new complaint sought to soften the government's earlier claims, describing the pair as having been involved in the Foreign Influence Task Force's work rather than being at the center of it. It also reduced the alleged number of conversations involving Floris from scores to a general participation in conversations.

John Borchert, a prosecutor from the U.S. Attorney's Office in Washington, D.C., acknowledged in court that this was the first time he had filed new charges against someone without going through judicial review. Faruqui questioned the procedural shift, asking why the government changed its charging history in this specific case. He noted that the move made it appear as though the United States was afraid of a judge finding probable cause.

Floris's legal team argued that the changes in language between the two documents call into question the factual basis of the case. They stated in a statement provided to CBS News that the government took the power to authorize public lodging of charges for itself. The lawyers called the conduct outrageous and said it was a desperate attempt to delay their client's right to challenge the charges in court.

Critics have noted that the DOJ used a complaint rather than a grand jury indictment, a procedural shortcut usually reserved for imminent threats to public safety. The timing of the arrests, which broke days before midterm elections, has also drawn scrutiny. Floris's lawyers suggested the timing and content of the charges were meant to engineer publicity.

Faruqui has faced previous criticism from conservatives for his support of diversity, equity and inclusion initiatives and his criticism of Immigration and Customs Enforcement. He also apologized to Cole Allen, the man accused of attempting to assassinate President Donald Trump, after criticizing the government's use of five-point restraints. Allen was accused of an assassination attempt at the 2026 White House Correspondents' Association Dinner.