Table of Contents
- Judge Slams ‘Facially Invalid’ Indictment
- The Backdrop: Trump’s D.C. Security Surge
- What Made the Indictment Legally Flawed?
- Why This Ruling Could Ripple Through Federal Courts
- Who Is Judge Zia M. Faruqui?
- Sources
Indictment Rejected in Landmark Ruling
In a sharp rebuke to federal prosecutors, U.S. Magistrate Judge Zia M. Faruqui has dismissed an indictment charging a man with felony gun possession in Washington, D.C., calling it “facially invalid” and “unprecedented” in its legal overreach. The ruling, issued October 9, 2025, comes amid heightened enforcement efforts linked to former President Donald Trump’s aggressive D.C. security policies.
“This indictment does not merely stretch the law—it ignores it,” wrote Judge Faruqui in a scathing 22-page opinion that has already sparked debate among legal scholars and civil rights advocates.
The Backdrop: Trump’s D.C. Security Surge
The case emerged from a broader federal initiative launched during the final months of the Trump administration, which dramatically expanded gun enforcement in the nation’s capital. Citing concerns over protests and civil unrest, the Justice Department designated D.C. a “high-priority district” for gun prosecutions—leading to a surge in arrests and fast-tracked indictments.
While supporters argued the crackdown deterred violence, critics warned it risked constitutional shortcuts. This latest ruling suggests those fears may have been well-founded.
What Made the Indictment Legally Flawed?
According to court documents, prosecutors charged the defendant under a federal statute that criminalizes gun possession by individuals convicted of crimes punishable by more than one year in prison. However, Judge Faruqui found a critical flaw:
- The defendant’s prior conviction was for a misdemeanor with a maximum sentence of one year—meaning it did not legally qualify as a predicate felony.
- Prosecutors attempted to reclassify the offense based on sentencing enhancements that were never applied in the original case.
- The indictment cited no actual felony conviction, rendering the charge “legally impossible to sustain.”
“You cannot bootstrap a misdemeanor into a felony after the fact to justify a federal gun charge,” the judge wrote. “That is not how due process works.”
Why This Ruling Could Ripple Through Federal Courts
Legal experts say the decision could impact dozens of similar cases in D.C. and beyond. The U.S. Attorney’s Office for D.C. has pursued over 200 gun cases under this framework since 2024, many relying on ambiguous prior records.
“This is a wake-up call,” said Georgetown Law professor Laura Johnson. “If indictments are being rubber-stamped without verifying the underlying legal basis, it undermines the entire justice system.”
Civil liberties groups, including the ACLU, have called for a review of all pending cases filed under the same prosecutorial strategy.
Who Is Judge Zia M. Faruqui?
Appointed in 2020, Judge Faruqui has gained a reputation for incisive, often witty rulings that prioritize constitutional rigor. A former federal prosecutor himself, he has not shied away from criticizing overreach—regardless of which administration is in power.
In 2023, he dismissed charges in a high-profile Capitol riot case due to insufficient evidence, writing: “The government’s theory is creative—but creativity is not probable cause.”
His latest opinion reinforces his stance that even in times of political urgency, the rule of law must prevail.
