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•  Legal Trends - Legal News


Federal prosecutors have filed criminal charges against two former FBI officials, Nikki Floris and Bradley Benavides, accusing them of giving false statements to Congress about their role in the bureau's handling of the Hunter Biden laptop matter before the 2020 presidential election.

Both previously helped lead an FBI task force focused on foreign interference in U.S. elections, a unit that has since been disbanded. Prosecutors allege that when questioned by lawmakers, the two denied taking part in FBI investigative work involving Biden, and that those denials were untrue.

The pair made their first appearance in federal court in Washington on Friday. Their lawyers asked the court to move quickly so they can challenge the allegations.

The case stands out for several reasons. Criminal prosecutions of former FBI employees by the Justice Department are uncommon. The charges were also brought by criminal complaint rather than grand jury indictment, a route prosecutors usually take when they need to detain someone quickly, for example because of flight risk or danger to the public. Both the defense and the judge commented on that choice in court. The Justice Department has had trouble in recent high-profile cases persuading grand juries in the capital to return indictments.

Timing has also drawn attention. The complaint came less than two weeks before the Nov. 3 midterm elections, as part of a wider review under FBI Director Kash Patel of past bureau episodes that have long been criticized by President Donald Trump's supporters. Patel was a vocal critic of the FBI before he took over the agency.

Lawyers for both defendants rejected the charges. Floris's attorneys described her as a career FBI intelligence officer with nearly two decades of service and argued the case was driven by politics rather than evidence, pointing to its timing so close to an election. Benavides's legal team called the complaint baseless and politically motivated, and said they expect the court process to clear him.

Because the case was filed by complaint, prosecutors have not yet presented it to a grand jury. Both defendants are presumed innocent unless proven guilty in court.




Donald Trump fired the new top federal prosecutor in Seattle on Wednesday less than an hour after the attorney was unanimously appointed by the federal judges in the district, highlighting tensions between the courts and the president over the powerful positions.

Roger Rogoff, a former judge and veteran state and federal prosecutor, was sworn in as US attorney before 8am at the US courthouse in downtown Seattle. In a phone interview, he said he then went to the US attorney's office and asked to meet with Charles Neil Floyd, whose 120-day interim term in the position ended in February.

As he waited in a lobby, Rogoff said, he received an email from the Trump administration informing him he had been removed from the position. He is consulting with other lawyers about suing over his firing, he said.

Presidents normally appoint US attorneys, the top federal prosecutors in each judicial district. The positions require Senate confirmation, except in temporary appointments. When temporary appointments expire before a nominee is confirmed, the judges in a judicial district can name a US attorney.

But under Trump, the justice department has sought to leave unconfirmed prosecutors in their positions indefinitely, often through novel personnel maneuvers.

"District court judges can appoint a temporary US attorney, and [the president] can fire them," the acting US attorney general, Todd Blanche, said in a social media post on Wednesday. He added that the judges who appointed Rogoff "abandoned the time-honored process of consultation with the administration so that the selected US attorney is qualified to serve in the administration".

Trump named Floyd, who previously served as an immigration judge, interim US attorney last October but never forwarded his nomination to the Senate. When Floyd's time as interim US attorney expired, Trump simply shifted his title, a tactic the administration has also tried in other federal judicial districts: he named him first assistant US attorney, while the top post was left empty.

In May, a US appeals court panel expressed skepticism that the maneuver was legal. The federal judges in the city decided to take applications for the position, and they appointed a bipartisan panel to review the applications.

On Wednesday morning the court – comprising 17 active and senior judges appointed by five presidents – issued its unanimous order naming Rogoff the US attorney for western Washington.

Patty Murray, a US senator from Washington, who had opposed Floyd for the US attorney job, blasted Rogoff's quick firing.

"Throughout his career, he has demonstrated an outstanding commitment to public service, and he was appointed legally by the federal judges in the western district of Washington," the senator said in a written statement. "This administration doesn't want to deal with advice and consent – they just want to install cronies to carry out a corrupt political agenda."

In December, Alina Habba resigned as the top federal prosecutor for New Jersey after an appeals court said she had been serving in the post unlawfully.

Lindsey Halligan, who pursued indictments against a pair of Trump's adversaries, left her position as an acting US attorney in Virginia after a judge concluded her appointment was unlawful and that indictments she brought against the New York attorney general, Letitia James, and the former FBI director James Comey must be dismissed.




Australian leaders promised Monday to immediately overhaul already-tough gun control laws after a mass shooting targeted a Hanukkah celebration on Sydney’s Bondi Beach. At least 15 people died in the attack, which has fueled criticism that authorities are not doing enough to combat a surge in antisemitic crimes.

Among the new measures proposed would be a limit on the number of guns someone can own and a review of licenses held over time. Those and other actions would represent a significant update to the landmark national firearms agreement, which virtually banned rapid-fire rifles after a gunman killed 35 people in Tasmania in 1996, galvanizing the country into action.

“The government is prepared to take whatever action is necessary. Included in that is the need for tougher gun laws,” Prime Minister Anthony Albanese said.

The violence erupted at the end of a summer day when thousands had flocked to Bondi Beach, an icon of Australia’s cultural life. They included hundreds gathered for the Chanukah by the Sea event celebrating the start of the Jewish festival with food, face painting and a petting zoo. Albanese called the massacre an act of antisemitic terrorism that struck at the heart of the nation.

Police shot the two suspected gunmen, a father and son. The 50-year-old father died at the scene. His 24-year-old son remained in a coma in hospital on Monday, Albanese said. Police won’t reveal their names.

At least 38 other people are being treated in hospitals.

Among those is a man who was captured on video appearing to tackle and disarm one apparent assailant, before pointing the man’s weapon at him, then setting the gun on the ground.

The man was identified by Home Affairs Minister Tony Burke as Ahmed al Ahmed. The 42-year-old fruit shop owner and father of two was shot in the shoulder.

Al Ahmed, an Australian citizen who migrated from Syria in 2006, underwent surgery on Monday, his family said.

Al Ahmed’s parents, who moved to Australia in recent months, said their son had a background in the Syrian security forces.

“My son has always been brave. He helps people. He’s like that,” his mother, Malakeh Hasan al Ahmed, told Australian Broadcasting Corp. through an interpreter.
Authorities had investigated one of the suspected gunman

Albanese confirmed that Australia’s main domestic spy agency, the Australian Security Intelligence Organization, had investigated the younger suspected gunman for six months in 2019.

The ABC reported that the agency had examined the son’s ties to a Sydney-based Islamic State group cell. Albanese did not describe the associates, but said the agency was interested in them rather than the son.

“He was examined on the basis of being associated with others and the assessment was made that there was no indication of any ongoing threat or threat of him engaging in violence,” Albanese said.

The horror at Australia’s most popular beach was the deadliest shooting in almost three decades since the 1996 Port Arthur massacre. The removal of rapid-fire rifles has markedly reduced the death tolls from such acts of violence since then.

Albanese’s proposals to limit the number of guns someone can own and review licenses were announced after the authorities revealed that the older suspected gunman had held a gun license for a decade and amassed his six guns legally.

Leaders of the federal and state governments on Monday also proposed restricting gun ownership to Australian citizens, a measure that would have excluded the older suspect, who came to Australia in 1998 on a student visa and became a permanent resident after marrying a local woman. Officials wouldn’t confirm what country he had migrated from.

His son, who doesn’t have a gun license, is an Australian-born citizen.

The government leaders also proposed the “additional use of criminal intelligence” in deciding who was eligible for a gun license. That could mean the son’s suspicious associates could disqualify the father from owning a gun.

Chris Minns, premier of New South Wales where Sydney is the state capital, said his state’s gun laws would change, but he could not yet detail how.

“If you’re not a farmer, you’re not involved in agriculture, why do you need these massive weapons that put the public in danger and make life dangerous and difficult for New South Wales Police?” Minns asked.

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