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Judge strikes DOJ's unsigned amended complaint against former FBI officials

Amended complaint struck; original false-statements complaint remains pending; preliminary hearing continued

Edited by The Inner Circle Ledger · Summary of linked reporting

Donald Trump

Source published: Oct 27, 2026 · 1:12 PM EDT · Event: 2026-10-27

U.S. Magistrate Judge Zia Faruqui struck from the record an unsigned and unsworn amended criminal complaint through which the Justice Department attempted to add an obstruction-of-Congress charge against former FBI officials Nikki Floris and Bradley Benavides. AP and CBS reported that the filing had appeared on the public docket after midnight without a judge first finding probable cause. Faruqui's ruling rejected that filing procedure and removed the added charge as presented. It did not dismiss the original false-statements complaint, determine probable cause on that original charge, or decide the defendants' guilt or innocence.

Response / context

The original DOJ complaint alleges that Floris and Benavides knowingly made materially false statements to Congress in 2023 about their knowledge of FBI investigations involving Hunter Biden; both defendants deny wrongdoing and remain presumed innocent. Floris's lawyers called the overnight filing a serious abuse of the charging process and said both the amended and original allegations lack merit. A prosecutor acknowledged that adding charges through an unsigned complaint without judicial review was a first for him, but told the court the government was not afraid of a probable-cause finding. Faruqui continued the preliminary hearing on whether the original complaint meets the probable-cause standard, and CBS reported that DOJ could seek the added charge again through the proper procedure.

Dates and scope

Source publication: Oct 27, 2026 · 1:12 PM EDT

Event or conduct: 2026-10-27. DOJ filed the unsigned and unsworn amended complaint after midnight on October 27, and U.S. Magistrate Judge Zia Faruqui struck it from the record during a hearing later that day. ABC News published at 12:49 p.m. EDT; CBS News updated at 1:12 p.m. EDT. The Ledger reviewed the original complaint, its supporting affidavit and the AP, CBS and ABC reports at 2:55 p.m. EDT October 27. The filing, hearing, news-publication and source-review times are distinct.

Source review: Oct 27, 2026 · 2:55 PM EDT

Dated report. Publication, event and review times are different; the review time is when the sources were last checked, not a live update.

This brief preserves the available response and disposition. Coverage is non-exhaustive. How we review sources.

Read the original sources

  1. U.S. District Court for the District of Columbia via the U.S. Attorney's Office: United States v. Floris and Benavides — original criminal complaint, Case 1:26-mj-00185-MJS ↗

    Primary October 20 complaint signed by a magistrate judge, charging one false-statements count; it does not contain the later obstruction charge and is not a finding of guilt

  2. U.S. District Court for the District of Columbia via the U.S. Attorney's Office: Statement of facts supporting the original criminal complaint ↗

    Primary 27-page probable-cause affidavit filed October 20 setting out DOJ's allegations; the allegations have not been adjudicated

  3. Associated Press, Eric Tucker, Michael Kunzelman and Alanna Durkin Richer: Hunter Biden laptop issue resurfaces as judge scolds prosecutors over case against ex-FBI officials ↗

    October 27 courtroom report that Faruqui struck the amended complaint, the added obstruction charge lacked prior judicial sign-off and the original false-statements case remained intact

  4. CBS News, Sarah N. Lynch: Judge throws out new charges against ex-FBI officials in Hunter Biden probe ↗

    October 27 report updated at 1:12 p.m. EDT covering the hearing, prosecutor's response, defense objections and continuation of the preliminary hearing on the original complaint

  5. ABC News, Luke Barr and Alexander Mallin: FBI agents charged with lying about Hunter Biden probes accuse DOJ of serious abuse ↗

    October 27 report published at 12:49 p.m. EDT preserving the defense response and the distinction between the original false-statements allegations and attempted added obstruction charge

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