A federal judge dismissed a new obstruction charge against former FBI officials Nikki Floris and Bradley Benavides, finding the Justice Department employed an unusual and improper procedure in filing the complaint. The judge questioned whether the DOJ was misusing its authority, noting the complaint was filed overnight and without standard signatures. Simultaneously, former FBI Director James Comey was charged with knowingly communicating national defense information to an unauthorized person and conspiracy to do so, a case he argues is a continuation of targeting by the DOJ under the Trump administration. Comey’s lawyers contend the charges are based on a decade-old disclosure and are past the statute of limitations, while the DOJ initially sought to keep the information sealed.
Magistrate Judge Zia M. Faruqui struck the new charge against Floris and Benavides, acknowledging the prosecution’s claim that this filing method had “never been done before,” but emphasizing the need to follow established procedures. Prosecutor John Borchert of the U.S. attorney’s office for Washington, D.C., conceded the unusual nature of the filing. Floris’ attorney, Mary Dohrmann, asserted the case is a “political football,” a sentiment echoed by an FBI agent who investigated the case and expressed concerns it would be viewed as politically motivated. Both Floris and Benavides faced criticism from allies of former President Donald Trump, who labeled them “bad people” after their initial arrest.
Comey, who is also seeking dismissal of separate indictments related to alleged threats against Trump and false testimony to Congress, addressed the new charges in a video message, calling them an “appalling abuse of the Department of Justice.” He maintains his innocence and believes in the independence of the judiciary. The filing against Comey relates to an alleged disclosure of classified information to The New York Times in 2016, an incident previously investigated and declined for prosecution by two U.S. Attorneys. The new complaint emerged hours after a judge ruled the DOJ unlawfully fired Comey’s daughter, Maurene Comey, as an assistant U.S. attorney.
Our reading is that the DOJ is facing significant scrutiny for its handling of these cases, with judges questioning its procedures and attorneys alleging political motivations. The repeated targeting of James Comey, coupled with the unusual filing methods employed against Floris and Benavides, suggests a pattern of aggressive prosecution that is drawing criticism from legal professionals and those involved in the cases. The timing of these developments, following a ruling against the DOJ regarding Comey’s daughter, further reinforces the perception of politically charged legal actions.
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