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Judge berates DOJ attorney in court over new charge filed against former FBI officials

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Cite

Gregorian, D. (2026, October 27). Judge berates DOJ attorney in court over new charge filed against former FBI officials. NBC News. https://www.nbcnews.com/politics/justice-department/judge-berates-doj-attorney-new-charge-filed-former-fbi-officials-rcna606013

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NBC News · collected 2026-10-28 · by Dareh Gregorian

Quick Summary

On Tuesday, federal Magistrate Judge Zia M. Faruqui dismissed a new obstruction charge filed by the Justice Department against former FBI officials Nikki Floris and Bradley Benavides, criticizing prosecutors for filing an unsigned and unsworn criminal complaint overnight. The judge accused the DOJ of creating “their own category of charging” and suggested this was unprecedented in the district. Both Floris and Benavides were initially charged last week with lying to Congress about their knowledge of Hunter Biden’s laptop investigation, a case that has been politicized by President Trump's allies.
Written by AI on 2026-10-29, from this article's own text only (the story summary below draws on all the coverage).

AI analysis

Story summary

On November 2, U.S. Magistrate Judge Zia Faruqui dismissed charges against Nikki Cole Floris and Bradley Benavidez, two former FBI officials who were accused of lying to Congress about their involvement in the Hunter Biden laptop investigation. The judge ruled that prosecutors under the direction of the Justice Department lacked sufficient evidence to show probable cause for the additional charge they filed without judicial approval. This decision came after a contentious hearing where Faruqui expressed frustration with the prosecution's handling of the case, which he described as unprecedented and potentially politically motivated given its timing just days before midterm elections. The controversy over the charges has drawn criticism from both supporters and critics, with some arguing that it reflects an abuse of power by the Justice Department.

Written for “Judge Dismisses Charges Against FBI Officials” on 2026-11-06, grounded in this article and the 26 other(s) covering the same event.

Story

📰 Judge Dismisses Charges Against FBI Officials
Crime & Law · 27 article(s) covering the same event. Compare every outlet's account →

Compared with similar articles

This article reads unscored and hedges 8% of its claims. Each row says how that neighbour differs.
NPR
⚖️ Leans right Hedges 1 of 15 claims Outlet record 60/100
Washington Examiner
Hedges 0 of 2 claims Outlet record 69/100
Washington Examiner
⚖️ Leans left Hedges 0 of 4 claims Outlet record 69/100
“The articles describe different legal proceedings involving distinct parties and charges.”
CBC News
Hedges 2 of 17 claims Outlet record 71/100
“The articles describe different court proceedings involving distinct individuals and legal charges.”
Times of India
Hedges 1 of 14 claims Outlet record 59/100
“The articles describe different legal proceedings involving distinct individuals and charges.”
ABC News (US)
Hedges 2 of 4 claims Outlet record 67/100
“Article A discusses DOJ seeking charges against Comey for disclosing national defense information, while Article B focuses on a judge dismissing new charges filed against two former FBI officials accused of lying to Congress.”
NPR
⚖️ Leans left Hedges 1 of 35 claims Outlet record 60/100
“The articles describe different legal proceedings involving distinct individuals and charges.”
Al Jazeera
Hedges 0 of 3 claims Outlet record 60/100
“The articles describe different court proceedings involving separate individuals and charges.”
Reason
⚖️ Leans strongly left Hedges 9 of 37 claims Outlet record 67/100
“Article A discusses a third attempt by the Justice Department against James Comey, while Article B reports on a judge dismissing charges against two different former FBI officials.”
TIME
⚖️ Leans left Hedges 5 of 30 claims Outlet record 59/100
“The articles describe different legal proceedings against different individuals, not the same specific incident.”
How this article was measured signals, leaning charts, publisher record, byline, topics and claims

Signals How these are calculated →

Claims extracted
24
sentences that state something as happening or true
Uncertain
8%
2 of 24 hedged ("reportedly", "may", "according to")
Leaning
withheld
no quote in the article backed the model's score
Publisher signals
72/100
NBC News's corrections and hedging, across everything collected from it. Not a measure of accuracy.
Outlets on this story
27
Crime & Law
Same framing elsewhere
1
articles that frame the event the way this one does
Analyzed 2026-10-29 · how these are computed

How this is being covered How these are calculated →

Article leaning vs. publisher reliability
Source leaning vs. consistency

Publisher

NBC News · 2218 article(s) · 3 correction(s) detected
Running correction rate · 3 correction(s)

Who wrote this

Dareh Gregorian
16 article(s) here · 1 carrying a prediction
🔮 The National Capital Planning Commission is expected to vote Thursday to approve President Donald Trump’s massive — and controversial — “Triumphal Arch” for Washington, D.C., with construction scheduled to begin almost immediately.
🔮 She focused on issues such as border security and tax cuts, and she chose John Giles, a former Republican and former mayor of Mesa, as her running mate.
🔮 The dismissal came after an FBI agent testified at a preliminary hearing last week that he was concerned the investigation, which had been directed by FBI Director Kash Patel, would be viewed as “political.”
🔮 It included a typewritten note depicting an imaginary conversation with Epstein, who would later be charged with sex trafficking.
🔮 Witt said he was unhappy with the assignment, in part because “I had concerns that this would be viewed as political.”
🔮 “If Plaintiff’s last-minute request for relief were granted, either party could create chaos for their own political purposes to disrupt the election process.”
🔮 Prosecutor John Borchert of the U.S. attorney’s office for Washington, D.C., acknowledged in court Tuesday that “this has never been done before” but suggested the complaint could be signed during the hearing.
🔮 “It could be that the grand jury just made the wrong decision,” he said then, referring broadly to failed indictments.
🔮 The Trump administration’s assertion that it can fire career prosecutors at will would “unsettle the very equilibrium established by this Nation’s constitutional system,” the judge wrote.
🔮 Trump, an avid golfer, said the renovation would begin “on November 15th, when the old Course will be closed to play.”
Also by Dareh Gregorian
Nothing else under this byline is closely related to this article, so these are simply their most recent.
All 16 articles by Dareh Gregorian →

Topics

Congress FBI U.S. WASHINGTON the Justice Department

Subjects

FBI ORG · 5× Floris PERSON · 5× Faruqui PERSON · 4× WASHINGTON GPE · 3× Benavides PERSON · 2× Congress ORG · 2× Trump PERSON · 2× U.S. GPE · 2× Witt PERSON · 2× the Justice Department ORG · 2×

Narrative

Magistrate Judge Zia M. Faruqui said at a hearing that prosecutors created “their own category of charging” with the new complaint they tried to bring against Nikki Floris and Bradley Benavides, who were initially charged last week with making false statements to Congress about their level of knowledge about an investigation of Hunter Biden’s laptop.
framing: assertive · carried by 1 article(s) · first seen 2026-10-29
🔮 Prosecutor John Borchert of the U.S. attorney’s office for Washington, D.C., acknowledged in court Tuesday that “this has never been done before” but suggested the complaint could be signed during the hearing.

Claims (24 extracted, 2 hedged)

A federal judge Tuesday dismissed a new charge against a pair of former FBI officials accused of lying to Congress, finding the Justice Department took novel — and improper — steps to announce the allegation. asserted
Department → dismiss → allegation
Magistrate Judge Zia M. Faruqui said at a hearing that prosecutors created “their own category of charging” with the new complaint they tried to bring against Nikki Floris and Bradley Benavides, who were initially charged last week with making false statements to Congress about their level of knowledge about an investigation of Hunter Biden’s laptop. asserted
who → say → laptop
Government attorneys added an obstruction charge in a superseding criminal complaint that was filed overnight but not signed by any law enforcement officer or judge. asserted
that → add → officer
Prosecutor John Borchert of the U.S. attorney’s office for Washington, D.C., acknowledged in court Tuesday that “this has never been done before” but suggested the complaint could be signed during the hearing. uncertain
complaint → acknowledge → hearing
Faruqui denied the request and struck the new complaint, questioning why the Justice Department hadn’t followed what it has done in “every other case in the history of this district.” asserted
it → deny → district
He said that while he doesn’t doubt that the prosecution acted in good faith, he’s concerned that “this system is being misused by people of higher levels.” asserted
system → say → levels
“Everything is a sideshow on top of a sideshow” in this case, Faruqui said. asserted
Faruqui → say → case
Mary Dohrmann, Floris’ lawyer, said there is mounting evidence that the case is a “political football,” not a case about “the law or the facts.” asserted
case → say → law
That came before an FBI agent who investigated the case against Floris and Benavides testified Tuesday that he’d had concerns it would be viewed as “political.” asserted
it → come → concerns
Both were involved with election security issues around the 2020 contest, which Trump falsely claims was rigged. uncertain
Trump → involve → contest
After they were arrested last week, Trump said, “I heard they were bad people.” asserted
they → arrest → ?
Floris’ legal team has said the case was brought to “score political points,” and in a statement Tuesday it called the latest filing “outrageous government conduct against a decorated public servant.” asserted
it → say → servant
“In the middle of the night, the government filed an unsigned and unsworn complaint attempting to fix the issues with their original charge against Ms. Floris and adding a new charge just as meritless as the first one. asserted
government → file → one
In our combined decades of DOJ service, we have never seen or even heard of something like this being filed,” her attorneys said. asserted
attorneys → combine → this
Jeanine Pirro, the U.S. attorney for Washington, shrugged off questions about the new complaint to reporters before the judge tossed it. “It’s up to Judge Faruqui as to whether or not he wants to sign that. asserted
he → shrug → that
Look, we’ve got a prior complaint that was signed by another magistrate, or another judge, I should say. asserted
I → look → magistrate
We have the ability today to add a charge. asserted
We → have → charge
If the judge doesn’t want to add the charge, that’s up to the judge,” Pirro said. asserted
Pirro → want → judge
After Faruqui tossed out the new complaint, the hearing in the original one continued, with FBI Special Agent Bryan Witt testifying that the bureau’s investigation started after FBI Director Kash Patel sent a letter directing the Kansas City, Missouri, office to look into certain people, including Floris. asserted
Patel → toss → Floris
Witt said he felt the task was a “huge distraction” from a big public corruption case he was involved with at the time, adding, “I had concerns that this would be viewed as political.” asserted
this → say → concerns
Witt said that the investigation was “prioritized” and that they were “told to work it aggressively.” asserted
they → say → it
Asked who was pushing him, he mentioned there were check-ins from high-level officials, including Patel and an FBI deputy director. asserted
he → ask → Patel
Asked whether Patel pressed him, he said he didn’t. asserted
he → ask → him
The hearing is scheduled to continue Wednesday. asserted
hearing → schedule → ?
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