US judge strikes amended complaint in former FBI agents’ case — The Hill
In the United States, federal magistrate judge Zia Faruqui struck an amended complaint by the Department of Justice against two former FBI employees — Nikki Floris and Bradley Benavides — from the case record. The judge criticized prosecutors’ attempt to add obstruction-of-justice charges shortly after midnight before a hearing, The Hill reports.
Court’s remarks to prosecutors
The amended complaint was filed shortly after midnight. Faruqui called the procedural move improper and inconsistent with the court’s usual practice, including because an unsigned document was submitted. He said he would not approve the complaint and ordered it removed from the case record.
The judge also asked Justice Department representatives why the agency had changed its approach to bringing charges specifically in this case, and whether the government feared establishing sufficient grounds for criminal prosecution. Assistant U.S. Attorney John Borchert replied that the prosecution was not afraid of such a review.
Details of the case
Floris and Benavides are each accused of one count of making false statements in connection with interviews conducted for the U.S. House of Representatives Judiciary Committee in 2023. Prosecutors allege that both, while working in the FBI’s Foreign Influence Task Force, falsely described their knowledge of and involvement in the bureau’s investigations into Hunter Biden.
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According to federal investigators, Floris and Benavides knew about these investigations and actively participated in them. The U.S. government also alleges that they did not provide lawmakers with complete information about the FBI group’s involvement, and that their alleged false statements hindered the committee’s work. Benavides’ attorney, Ron Safer, demanded an explanation of how his client’s words could have affected the committee’s investigation. FBI Special Agent Brian Witt acknowledged that he had not separately asked committee representatives that question.
Further proceedings
A grand jury has not yet indicted Floris and Benavides. Faruqui must therefore determine whether there are sufficient grounds to sustain the charges and continue the case.
Witt also testified that after being assigned to the case, he was concerned that it could be perceived as politically motivated. According to him, FBI Director Kash Patel ordered the investigation into Floris and other individuals the day after President Donald Trump’s July speech, in which he repeated claims that the 2020 election had allegedly been stolen. The hearing was to continue the following day with additional testimony from Witt, after which the judge’s decision is expected.
