From Slate Magazine · Jonathan S. Ross · · 2m
DOJ Uses Political Tactic to Target Trump Foes
DOJ charges ex-FBI officials with false statements to Hunter Biden probe.
In brief
DOJ charges ex-FBI officials with false statements to Hunter Biden probe. DOJ charged two former FBI officials with false statements to House Judiciary Committee about Hunter Biden investigation, dismissed by judge. Originally reported by Slate Magazine.
Quick answers
- Why this method?
- The government likely aimed to create a public spectacle by detailing the FBI's investigation of Hunter Biden in the affidavit.
- Why charge now?
- The government charged the officials to avoid a grand jury indictment that might be delayed by political considerations.
- What is the key takeaway from DOJ Uses Political Tactic to Target Trump Foes?
- DOJ charged two former FBI officials with false statements to House Judiciary Committee about Hunter Biden investigation, dismissed by judge.
DOJ charges ex-FBI officials
The Justice Department charged Nikki Floris and Bradley Benavides with false statements to the House Judiciary Committee about their involvement in Hunter Biden's FBI investigation.
Charges dismissed by judge
A federal magistrate judge dismissed the charges on Monday, finding insufficient evidence to support probable cause.
Unusual charging method
The government used a 27-page affidavit to obtain a criminal complaint instead of going through the grand jury process.
Why this method?
The government likely aimed to create a public spectacle by detailing the FBI's investigation of Hunter Biden in the affidavit.
Grand jury process
Most federal criminal cases start with a prosecutor presenting evidence to a grand jury to establish probable cause for an indictment.
Criminal complaint process
A criminal complaint is a temporary charging document obtained by presenting a probable-cause affidavit to a federal magistrate judge.
Complaint limitations
The complaint is valid for 30 days and requires a preliminary hearing where the defendant can challenge the evidence.
Why charge now?
The government charged the officials to avoid a grand jury indictment that might be delayed by political considerations.
James Comey case
On Oct. 5, prosecutors filed an information charging James Comey with violating the Espionage Act.
Comey's legal issue
The government claimed the information prevented the statute of limitations from expiring, but the judge dismissed it.
Political motivation
The government likely used the unusual methods to create a public narrative around Hunter Biden and James Comey.
DOJ's role questioned
The author states the DOJ is no longer a neutral enforcer of federal law but a political tool.
The short version
DOJ charged two former FBI officials with false statements to House Judiciary Committee about Hunter Biden investigation, dismissed by judge.
