Judge Zia Faruqui Strips Obstruction Counts From Hunter Biden Probe Case

U.S. Magistrate Judge Zia Faruqi in Washington ordered the complete removal of a new criminal filing against two former FBI officials on Tuesday. The judge rejected a last-minute attempt by government lawyers to add obstruction of justice allegations to the existing case involving the Hunter Biden laptop investigation.

The court’s action centers on Nikki Floris, who previously managed the FBI’s Foreign Influence Task Force, and Bradley Benavides, a former section chief for that unit. Both officials face original charges of providing misleading statements during congressional hearings held in July and September 2023. Federal prosecutors argued that the pair made untrue declarations to minimize the task force’s engagement with the Hunter Biden investigations and to impede the congressional inquiry.

Judge Faruqi expressed deep concern over the procedural irregularities surrounding the new filing. He noted that the document was unverified and lacked a signature, stating, “We have never had complaints filed that are unsigned.” He added that he was frustrated by the timing, saying, “I am frustrated that I got it in the middle of the night. But I am much more concerned that it is filed on the public record.”

Defense representatives for Floris and Benavides rejected the government’s allegations as politically motivated. Counsel for Floris described her as a patriot who served as a dedicated FBI intelligence officer for nearly 20 years. Her lawyers argued that the Department of Justice accused her falsely based on the statements of politicians rather than the facts. They further criticized the timing, claiming it was no coincidence that the government filed the charges years later on the eve of an election.

Legal representatives for Benavides echoed those sentiments, calling the case another sad day for the Department of Justice. They maintained that Benavides is a true patriot who devoted his career to protecting the country and its people, labeling the charges a disgrace. The defense teams emphasized that the original false-statement charges remain active despite the judge striking the supplemental obstruction filing.

The magistrate scheduled a preliminary hearing to assess whether probable cause exists to move the matter forward. This decision came over objections from government attorneys who requested additional time. Judge Faruqi cited the ongoing strain placed on the defendants by the rapid sequence of events, describing the unresolved allegations as a sword of Damocles hanging over them. Prosecutors retain the option to resubmit additional counts if they follow proper judicial protocols.

The legal proceedings stem from long-running disputes regarding the bureau’s handling of Hunter Biden’s laptop prior to the 2020 presidential race. The case remains in the U.S. District Court for the District of Columbia, where the initial criminal complaint against Floris and Benavides continues to proceed.