Judge who apologized to accused would-be Trump assassin lights up DOJ in Hunter Biden FBI case

Former FBI officials Nikki Floris and Bradley Benavides were arrested last week after the Department of Justice accused them of misrepresenting their involvement in investigations concerning former President Joe Biden's son, Hunter Biden. Hours before prosecutors were scheduled to defend their original allegations at a preliminary hearing, the DOJ filed a superseding criminal complaint seeking to add new obstruction charges against the former officials.

Faruqui sharply criticized the DOJ for filing an unsigned and unsworn criminal complaint in the middle of the night without first obtaining judicial approval. The judge rejected the superseding complaint because prosecutors had not secured the required judicial authorization, allowing the preliminary hearing to proceed on the original allegations that Floris and Benavides lied to Congress.

Judge's Strong Rebuke

I think they should have filed nothing, Faruqui said, according to reports from inside the courtroom. 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 why the DOJ changed its entire approach to charging cases in this particular instance, asking: What is it? It appears that – it makes it look like the United States is afraid of me trying to find probable cause. John Borchert, a prosecutor from the U.S. Attorney's Office in Washington, D.C., admitted it was the first time he had filed new charges against someone without going through judicial review.

Changed Allegations

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 softer characterization than the original complaint's suggestion that they had been at the center of those activities. Floris, who was previously said to have been involved in scores of conversations related to Biden's son, is now only accused of participating in conversations.

Floris' lawyers argued that the changes in language between the two documents calls into question the factual basis of the DOJ's case. The legal team stated: In our combined decades of DOJ service, we have never seen or even heard of something like this being filed... The public lodging of criminal charges must be authorized by a grand jury, a judge, or the defendant herself. Here, the government has taken that power for itself in a desperate attempt to delay our client's right to challenge the charges in court.

Judge's Background

Faruqui has previously faced criticism from conservatives over his support for diversity, equity and inclusion (DEI) initiatives, criticism of Immigration and Customs Enforcement (ICE) and positions on pretrial detention. He drew backlash after apologizing to Cole Allen, the man accused of attempting to assassinate President Donald Trump at the 2026 White House Correspondents' Association Dinner.

To me, it's extremely disturbing that he was put in five-point restraints, a person with no criminal history, the judge said about Allen at a hearing earlier this year. It's troubling. I never heard of one Jan. 6 defendant who was put in five-point restraints or in a safe cell. If the only way to keep him safe is the most punitive thing, that's a problem.