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Judge Scolds Prosecutors Over Case Against Former FBI Officials

A federal magistrate judge rejected a Justice Department filing against two former FBI officials after an agent testified the probe was a "huge distraction."

Background: How the Supreme Court takes a case

Published October 27, 2026 at 12:08 AM EDT

The short answer

Judge Zia Faruqui rejected a Justice Department filing and scolded prosecutors' handling of a case against former FBI officials. A federal magistrate judge on Tuesday scolded the Justice Department for its procedural handling of a criminal case against two former FBI officials.

Judge Scolds Prosecutors Over Case Against Former FBI Officials

The Facts

Who
U.S. Magistrate Zia Faruqui, Nikki Floris, Bradley Benavides, and FBI Agent Bryan Witt
What
Judge Zia Faruqui rejected a Justice Department filing and scolded prosecutors' handling of a case against former FBI officials.
When
Tuesday, October 27, 2026
Where
Washington, D.C.
Why
The judge ruled that the Justice Department improperly filed new charges without judicial approval in a case the defense argues is politically motivated.

A federal magistrate judge on Tuesday scolded the Justice Department for its procedural handling of a criminal case against two former FBI officials. U.S. Magistrate Zia Faruqui rejected an amended criminal complaint filed by prosecutors against Nikki Floris and Bradley Benavides, who are accused of making false statements to Congress regarding their knowledge of a laptop that the Justice Department says belonged to Hunter Biden.

The ruling followed a hearing where Faruqui found that the Justice Department had improperly submitted an amended complaint overnight without court approval. The new filing attempted to add an obstruction charge to the existing case against Floris and Benavides. Faruqui noted that such charging documents require a judge's sign-off to establish probable cause before being filed to the court docket.

During the hearing, Bryan Witt, an FBI agent who worked on the case, testified that the investigation was initiated following a July speech by President Donald Trump concerning election interference. Witt stated that FBI Director Kash Patel mandated the inquiry. Under questioning by defense attorneys, Witt said he was begrudgingly assigned to the case and expressed concerns that the investigation "would be political," describing it as a "huge distraction" from other work.

The defense team utilized the testimony to argue that the prosecution of the former officials was politically motivated. The court proceedings occur amid other Justice Department actions involving former bureau leadership, including an attempt to re-prosecute former FBI Director James Comey. Comey's legal representatives have characterized that separate effort as legally invalid.

The judge’s rejection of the amended complaint creates a procedural barrier to the government’s expanded prosecution. The testimony from Agent Witt provides a public look into internal friction between rank-and-file investigators and agency leadership regarding the origins of sensitive inquiries. These developments occur just days before the 2026 midterm elections.

The effects could influence future oversight of the FBI and the Department of Justice, particularly regarding how mandates from the FBI Director are documented and executed. The judge's decision to scold the government for "unorthodox handling" serves as a reminder that executive branch agencies remain subject to specific judicial approvals for criminal charging documents. What happens next involves the government deciding whether to refile the obstruction charge with the proper judicial sign-off or proceed solely on the original false statement counts; no specific trial date was reported following the Tuesday hearing.

Timeline of what happened

Key dates and decisions, in the order they occurred.

  1. October 22, 2019

    Congressional testimony provided

    Nikki Floris testifies before the House Judiciary Committee.

  2. February 28, 2024

    Hunter Biden testifies

    Hunter Biden provides a closed-door deposition on Capitol Hill.

  3. October 26, 2026

    Amended complaint filed overnight

    Justice Department attempts to add an obstruction charge without court approval.

  4. October 27, 2026

    Judge rejects amended complaint

    Magistrate Zia Faruqui rejects the new filing and criticizes DOJ procedures.

Summaries are written by The Plain Record to state the facts of a story plainly and without political slant. Drafted with AI assistance and checked against the source record before publication. See how we report, or report a correction.

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Questions readers ask

What happened: Judge Scolds Prosecutors Over Case Against Former FBI Officials?

Judge Zia Faruqui rejected a Justice Department filing and scolded prosecutors' handling of a case against former FBI officials.

Who is involved?

U.S. Magistrate Zia Faruqui, Nikki Floris, Bradley Benavides, and FBI Agent Bryan Witt

When did this happen?

Tuesday, October 27, 2026

Where did this happen?

Washington, D.C.

Why does this matter?

The judge ruled that the Justice Department improperly filed new charges without judicial approval in a case the defense argues is politically motivated.