Judge Scolds DOJ for Midnight Filing in Hunter Biden Investigation Case

Magistrate Judge Zia M. Faruqui on Tuesday sharply rebuked the Justice Department for its attempt to add new obstruction charges against two former FBI officials, Nikki Floris and Bradley Benavides, accusing them of misrepresenting their involvement in investigations concerning Hunter Biden. The criticism came as prosecutors sought to file a superseding criminal complaint just hours before a preliminary hearing where they were expected to defend their original allegations.

Faruqui expressed frustration with the DOJ for filing an unsigned and unsworn criminal complaint in the middle of the night without first obtaining judicial approval. "I think they should have filed nothing," Faruqui stated, according to courtroom reports. "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. I'm frustrated that I got it in the middle of the night, but I'm much more concerned that it's filed on the public record."

The judge questioned the department's procedural change, asking, "Why today on this one case have you changed the entire history of how you charge cases? What is it? It appears that – it makes it look like the United States is afraid of me trying to find probable cause." A prosecutor from the U.S. Attorney's Office acknowledged it was the first time he had filed new charges without judicial review.

Faruqui rejected the superseding complaint, asserting that prosecutors had not secured the required judicial authorization. This allowed the preliminary hearing to proceed on the original charges that Floris and Benavides had allegedly lied to Congress. Floris' lawyers contended that the altered language between the initial and superseding complaints cast doubt on the factual basis of the DOJ's case.

In the superseding complaint, prosecutors described Benavides and Floris as having been "involved in" the Foreign Influence Task Force's work concerning Hunter Biden, a less direct characterization than the original complaint's assertion that they were at the "center" of those activities. Floris, previously stated to have participated in "scores of conversations" related to Biden's son, is now only accused of engaging in "conversations."

Faruqui also drew parallels to other cases, suggesting that moving forward with a superseding complaint without a probable cause finding "would be like charging someone by information... but in a complaint context." She reiterated, "If you want a superseding complaint, like every other case that’s happened in this district, we will have a judge make a probable cause finding. Not send me something in the middle of the night and expect that it gets done."

This is not the first time Faruqui has faced scrutiny. He previously drew criticism from conservatives for his support of diversity, equity, and inclusion initiatives, his critiques of Immigration and Customs Enforcement, and his stances on pretrial detention. He also received backlash for apologizing to Cole Allen, who is accused of attempting to assassinate President Donald Trump, and for questioning the government's use of restraints against him.