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Full Breakdown

Judge Rejects Late-Filed Obstruction Charge in Former FBI Officials’ Case

By Drooid · · How we work

In this breakdown

01

Core Event

On Tuesday, U.S. Magistrate Judge Zia M. Faruqui dismissed a superseding criminal complaint that added an obstruction-of-justice charge against former FBI officials Nikki Floris and Bradley Benavides. The original false-statement charges—alleging the defendants misled Congress about their knowledge of a laptop the Justice Department says belonged to Hunter Biden—remain pending, and a preliminary hearing is set to continue on Wednesday.

02

Background & Context

The controversy stems from a 2019 laptop allegedly dropped off by Hunter Biden at a Delaware computer-repair shop. The New York Post published the hard-drive contents in 2020, citing material obtained from former Trump attorney Rudy Giuliani. The laptop’s provenance sparked partisan debate, with Democrats and intelligence officials warning of possible Russian disinformation, while the Trump administration’s intelligence community warned that Moscow may have sought to influence the 2020 election.

Floris and Benavides led the FBI’s Foreign Influence Task Force (FITF), created in the first Trump administration to counter foreign disinformation campaigns. In that role they briefed Republican senators, including Chuck Grassley and Ron Johnson, during the senators’ 2020 investigation of Hunter Biden’s Ukraine dealings. The task force was disbanded in February 2025 by then-Attorney General Pam Bondi.

Visual evidence

Hunter Biden, son of US President Joe Biden, exits the J. Caleb Boggs Federal Building on June 10, 2024 in Wilmington, Delaware.
Hunter Biden, son of US President Joe Biden, exits the J. Caleb Boggs Federal Building on June 10, 2024 in Wilmington, Delaware.Photo: fortune
The Thurgood Marshall Courthouse - US Court of Appeals for the Second Circuit and the US District Court for the Southern District of New York New York^ NY^ US-November 11^ 2024 - Heidi Besen / Shutterstock.com
The Thurgood Marshall Courthouse - US Court of Appeals for the Second Circuit and the US District Court for the Southern District of New York New York^ NY^ US-November 11^ 2024 - Heidi Besen / Shutterstock.comPhoto: dailyfly
FILE – Hunter Biden arrives for a closed-door deposition on Capitol Hill in Washington, Feb. 28, 2024. AP
FILE – Hunter Biden arrives for a closed-door deposition on Capitol Hill in Washington, Feb. 28, 2024. APPhoto: sentinelandenterprise
FILE – Hunter Biden steps into a vehicle as he leaves federal court, Sept. 5, 2024, in Los Angeles
FILE – Hunter Biden steps into a vehicle as he leaves federal court, Sept. 5, 2024, in Los AngelesPhoto: sentinelandenterprise

03

Official Statements & Responses

U.S. Attorney Jeanine Pirro responded that the district has the authority to add charges and that the decision rests with the magistrate judge.

04

Criticism & Opposition

Defense counsel Mary Dohrmann described the prosecution as a “political football,” arguing that the case is driven by partisan motives rather than legal merit. Attorney Ron Safer, representing Benavides, questioned the evidence of intentional falsehoods, asking the court to specify what proof exists that Benavides knowingly answered incorrectly. Donald Trump, speaking as an ally of the president, dismissed the officials as “bad people,” underscoring the partisan pressure surrounding the case.

05

Verbatim Quotes

  • “It is not our court’s practice — and I think it is appropriately not our practice — that unsigned complaints are filed on the docket,” — S. Magistrate Zia Faruqui, magistrate judge
  • “It’s up to Judge Faruqui as to whether or not he wants to sign that. Look, we’ve got a prior complaint that was signed by another magistrate, or another judge, I should say. We have the ability today to add a charge. If the judge doesn’t want to add the charge, that’s up to the judge,” — Jeanine Pirro, attorney
  • “I had concerns that this would be viewed as political.” — Special Agent Bryan Witt
  • “Everything is a little sideshow on top of a sideshow,” — S. Magistrate Zia Faruqui, magistrate judge
  • “They wanted us to investigate aggressively,” — Special Agent Bryan Witt
  • “What evidence have you uncovered that in September of 2023, Mr. Benavides remembered the correct answers, in your view, to the questions asked about Hunter Biden but gave knowingly incorrect answers?” — Safer, a lawyer for Benavides, challenged that assertion during the hearing Tuesday

06

What’s Next

The magistrate scheduled a preliminary hearing for Wednesday to determine whether probable cause exists to proceed on the original false-statement charges. No further obstruction charge will be considered unless a properly signed filing is submitted.