The Department of Justice tried to sneak new charges into court in the middle of the night. They did not get permission from a judge first. This happened in the case against former FBI officials Nikki Floris and Bradley Benavides.
The Justice Department accused them of lying about their work on the Hunter Biden investigation. Prosecutors filed a new document to add obstruction charges. They also softened the language used to describe the officials' roles.
This move came just hours before a scheduled hearing. The government had to prove probable cause then. U.S. Magistrate Judge Zia M.
Faruqui stopped this process. He sharply criticized the Justice Department for its actions. He said the filing was unsigned and unsworn.
He noted it was placed on the public record without review. Judge Faruqui expressed frustration at receiving it late. He said it harms the defendant in the case.
He asked why the Justice Department changed its usual rules. He suggested it looked like the government feared his judgment. John Borchert, a prosecutor, admitted this was unusual.
He said it was the first time he did this. He claimed no judicial review was needed for the new charges. Judge Faruqui rejected the superseding complaint.
He required the standard judicial authorization. The preliminary hearing will proceed on the original allegations. The original charges claim Floris and Benavides lied to Congress.
The new complaint changed their description slightly. It said they were involved in task force work. The old complaint said they were at the center of it.
It reduced scores of conversations to just conversations. Floris' lawyers argued this change weakens the case. They said the timing looks designed for publicity.
Midterm elections are days away from the arrest news. The lawyers called the conduct outrageous. They said the government took power for itself.
They argued this delays the right to challenge charges. They want the case litigated in court, not media. Judge Faruqui has faced criticism from conservatives before.
He apologized to Cole Allen, a Trump assassination suspect. He criticized the use of five-point restraints on Allen. He said it was disturbing for someone with no history.
He compared the DOJ move to charging by information. He said a judge must find probable cause first. He will not accept shortcuts in his courtroom.
The Justice Department did not respond to comments. The legal teams for the officials stayed silent too. The judge forced the government to follow procedure.
This ensures the defendants get a fair process. The public now sees the internal conflict clearly.