Judge Zia Faruqui strikes late-filed obstruction counts against former FBI staff

U.S. Magistrate Judge Zia Faruqui removed newly added obstruction of justice counts from a federal case involving two former FBI officials. The ruling reverses a last-minute move by government attorneys to expand criminal accusations against Nikki Floris and Bradley Benavides. Faruqui ordered the unverified filing, submitted overnight, taken off the public docket entirely.

Floris previously led the FBI’s Foreign Influence Task Force, while Benavides served as a section chief for the same unit. Both were initially charged with making false statements during congressional hearings in July and September 2023. Prosecutors claim the officials lied to minimize the task force’s involvement in the Hunter Biden laptop investigations and to slow the congressional probe. These disputes trace back to long-standing conflicts over how the bureau handled the laptop before the 2020 election.

The magistrate expressed frustration with the timing and method of the new filing. Faruqui noted, “We have never had complaints filed that are unsigned.” He added, “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.” The judge described the situation as placing a “sword of Damocles” over the defendants due to the rapid sequence of legal actions.

Defense attorneys for both officials rejected the government’s approach as politically driven. Counsel for Floris called her a patriot who served as an FBI intelligence officer for nearly 20 years. The lawyer stated, “Yet today, the DOJ has accused her falsely of a crime on the say-so of politicians, not on the facts.” Defense teams criticized the timing, saying, “It’s no coincidence the government is filing these nonsense charges now, years later, on the eve of an election.” Representatives for Benavides described the case as “another sad day for the Department of Justice” and called the charges “a disgrace.”

The original false statement charges against Floris and Benavides remain active in the Washington federal court. Despite requests from government attorneys for more time, Faruqui scheduled a preliminary hearing to determine if probable cause exists to proceed. Prosecutors retain the ability to resubmit the obstruction counts if they follow proper judicial protocols in the future.