[ad_1]
The move is a signal of the Justice Department’s cautious approach under current Attorney General Merrick Garland, a former appeals judge, and how he may attempt to divert his agency from the bold political maneuvers that have marked the Trump era.
It also sets an early tone for the Capitol riot cases and future media coverage, as a federal judge complained about Sherwin’s interview and a New York Times article.
“The rules and procedures weren’t followed” when Sherwin did the interview, said John Crabb Jr., a senior criminal prosecutor in the US attorney’s office in Washington.
In court on Tuesday, DC District Judge Amit Mehta urged the Justice Department and defense attorneys for 10 defendants in the Oath Keepers Conspiracy Capitol Riot case not to speak to the media.
Mehta had called an emergency hearing on Tuesday with lawyers handling the case, following a New York Times article on potentially pending sedition charges and Sherwin’s interview with “60 Minutes.”
“The government, quite frankly, in my opinion, should know better,” Mehta said. “This case will not be tried in the media.”
Mehta added that he would not hesitate to put a gag order on the high-profile case in the future, making it clear that he believes Justice Department sources, either recorded or anonymously, could become a problem if their comments could prejudice a jury.
In the “60 Minutes” interview, Sherwin extensively repeated claims he made in January that more serious charges of sedition could be filed against the rioters on Capitol Hill who worked together to prevent Congress from certifying the loss. then President Donald Trump.
But on Sunday, Sherwin was no longer DC’s US attorney and had not obtained approval from his heads at the Department of Justice to speak publicly, CNN reported.
No sedition charges have been filed against the rioters and the Justice Department has internal bans on commenting on ongoing investigations.
The Justice Department also returned anonymous media comments on the case for investigation, Crabb told the court. The Times quoted “law enforcement officials briefed on the proceedings” in an article that investigators were weighing up possible sedition charges against members of the Oath Keepers.
The professional responsibility unit of the Department of Justice is able to examine the behavior of justice personnel and make recommendations on whether they should face consequences.
It is not common for Justice Department prosecutors to comment on ongoing investigations or turn to what they plan to take to court.
Federal judges often demand greater caution in high-profile cases to preserve the rights of defendants and avoid influencing potential jurors should there be a trial.
Several defense attorneys for the Oath Keepers also told the judge on Tuesday that they had been contacted by “60 Minutes” several times before his segment aired.
A lawyer who spoke to The Times on behalf of one of the Oath Keepers apologized to the judge.
“I thought Mr. Sherwin’s comments were very damaging,” defense lawyer Carmen Hernandez said.
In another case on Tuesday, Seattle Proud Boys frontman Ethan Nordean touted Sherwin’s comments saying he should stay out of jail pending trial.
Nordean’s attorney did not extrapolate what Sherwin’s comments mean in his defense – and instead pointed out for the judge that Sherwin, while leading the Capitol Riots investigation, had told prosecutors to setting up a sedition business and claiming that the Proud Boys had “a plan.”
Nordean had a brief court appearance on Tuesday, alongside another Proud Boys leader. Both have pleaded not guilty. Judge Timothy Kelly has set a more substantial hearing for next week, during which Nordean and prosecutors will discuss whether he should be jailed.
None of the more than 300 defendants in the Capitol riot cases are pleading guilty yet. Investigators made it clear that their work was in progress.
This story has been updated with additional information about the audience.
[ad_2]
Source link