Ex-FBI officials' lawyers call new DOJ charge 'outrageous government conduct'

Lawyers for a former FBI official charged with lying to Congress say federal prosecutors in Washington added a new count to her case overnight. They used the phrase "outrageous government conduct" in a statement on Tuesday morning and asked to address that conduct at a hearing, according to CNBC. ¹

The office of U.S. Attorney Jeanine Pirro filed a "superseding criminal complaint." It charges Nikki Floris and a co-defendant, Bradley Benavides, with obstruction and attempted obstruction of a congressional proceeding. Both are former FBI officials. ¹

The new count comes on top of a charge of making false statements to Congress. The Justice Department announced that charge four days earlier. ¹

What the defense says

Floris's lawyers say the new filing was "unsigned and unsworn." They say it arrived just hours before a court hearing. ¹

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The lawyers argue that public criminal charges must be authorized by a grand jury, a judge or the defendant herself. "Here, the government has taken that power for itself," they wrote. They accuse prosecutors of trying to "litigate this case in the media, rather than the courtroom." ¹

They also filed a motion asking the court to strike the new complaint. They say it is legally deficient and was filed in bad faith. ¹

A defense filing says the complaint reflects "a troubling disregard for the prosecutors' obligations not to heighten the condemnation of the accused." These are the defense lawyers' claims. A judge has not ruled on them. ¹

An attorney for Benavides and Pirro's office did not immediately respond to CNBC's requests for comment. ¹

How the case started

Floris and Benavides were first accused of lying when they testified to the House Judiciary Committee in 2023. The testimony was about their roles in investigations of Hunter Biden, then-President Joe Biden's son. ¹

Both were arrested Friday and have since been released. A preliminary hearing was set for 11 a.m. Eastern on Tuesday before Magistrate Judge Zia Faruqui. ¹

Pirro said on social media that the two surrendered Friday morning. NBC News reported that neither had been indicted by a federal grand jury in Washington. Prosecutors used a criminal complaint, which does not need a grand jury's approval. ²

A complaint is often used to get an arrest warrant when prosecutors must move fast. Here, the conduct at issue took place more than three years ago. ¹

Why the timing matters

The charges came shortly before Election Day. That breaks with longstanding Justice Department guidance. It has fueled concern among election observers and Democrats about how the Trump administration may try to interfere in the midterms. ¹

NBC News noted that Washington grand juries have been skeptical of cases from Trump's second term. Earlier this year, one declined to indict six sitting Democratic members of Congress over a video Trump had criticized. ²

Floris's lawyers called her a patriot who served nearly 20 years at the FBI. They said the administration wants to push a false narrative for political gain. Those are their characterizations. ²

That matters because a complaint lets prosecutors announce charges without first convincing a grand jury. Whether that was proper here is now up to the court. The pattern, with charges filed days before voters go to the polls, is what Democrats say they fear. Nothing in the reports shows a conviction. Both officials are accused, not found guilty.

What happens next depends on Judge Faruqui. He could rule on the motion to strike the new complaint and on how the case moves forward. The reports did not say how the hearing ended. ¹

The Record

1. Dec 31, 2023The conduct at issue, testimony to the House Judiciary Committee about Hunter Biden probes, took place in 2023, more than three years before the charges ¹
2. Oct 23, 2026Floris and Benavides were arrested Friday and have since been released; DOJ announced a false-statements charge four days before Oct. 27 ¹²
3. Oct 27, 2026Prosecutors filed a superseding complaint adding obstruction counts; defense moved to strike it before an 11 a.m. hearing ¹

Sources

1. CNBC, “Ex-FBI official's lawyers slam unusual new criminal charge: 'Outrageous government conduct'” (2026-10-27). cnbc.com/2026/10/27/fbi-hunter-biden-congress-charges-doj.ht
2. NBC News / Telemundo, “El gobierno de Trump acusa a dos exfuncionarios del FBI de mentir sobre investigación de Hunter Biden” (2026-10-23). telemundo.com/noticias/noticias-telemundo/estados-unidos/el-

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