Former Capitol riot prosecutor’s comments on Trump alarm new Justice Department without drama

This is one of the reasons why an interview with Michael Sherwin, the former US attorney in charge for the District of Columbia, discussing his pressure to use a sedition law rarely used to accuse January 6 protesters and the possible culpability of the former President Donald Trump for inciting insurrection, reverberated in the new Department of Justice without drama.

Sherwin’s interview with CBS’s “60 Minutes” program drew criticism from employees, although the remarks largely reflected those previously made by Sherwin at a news conference in January.

David Laufman, a former prosecutor, echoed some of the internal criticism, saying, “It’s totally inappropriate”, adding “I don’t think it’s good for a [assistant US attorney] talking to the media about what charges are appropriate in a case under investigation. ”

Sherwin did not obtain prior approval from the Justice Department heads before the 60 Minutes interview, according to people informed on the matter, a breach of protocol.

Their comments also made it clear that, as CNN reported earlier, prosecutors recommended filing charges of sedition against some people accused of the riots, but the matter remains under discussion at Justice headquarters.

“I believe the facts support these charges,” said Sherwin. “And I think that, as we move forward, more facts will support this.”

Some bailiffs believe that the comments may serve to restrict the top officials who are assessing whether the department can uphold such a set of politically controversial charges, particularly given First Amendment protections. Others have also raised concerns that comments about the ongoing investigation could harm the jury of cases that are unlikely to come to trial for months.

Sherwin – who returned to Miami, where he serves as an assistant US attorney, declined to comment. A DOJ spokesman also declined to comment.

The Justice Department has rarely filed charges related to sedition and Laufman notes that there are not many current federal prosecutors who have ever filed such cases. In 2010, prosecutors accused members of a Christian militant group called Hutaree of seditious conspiracy.

Federal prosecutors were successful in using the law against Puerto Rican separatists in the 1930s.

Trump's actions in recent days as president increase his legal risk

Sherwin in the 60-minute interview also raised the possibility that Trump could face charges, repeating his January comments that everything remains on the table for prosecutors. His comments also made it clear that the evidence so far is bidirectional, with some defendants blaming the former president and evidence showing that some have acted on their own.

There is no indication that Trump or lawmakers are the target of an investigation and the prospect of bringing criminal charges for comments that incited the crowd at the pro-Trump rally before the riot remains unlikely, informed American officials on the matter say.

Garland’s methodical approach

Garland is still only in his first few weeks as Attorney General, and Capitol insurrection cases are among the important issues he has vowed to prioritize. Justice officials said he spent many days being informed about national security and other matters.

People familiar with Garland’s briefings describe him as frequently interrupting to ask questions, as befits someone who most recently was a judge for 24 years and, in some cases, asking lawyers to explain if and how they can be sure that the department could support the taking of a particular court action.

His government is expected to be methodical in decision-making, say court officials. Former attorney general William Barr, by comparison, was known for making decisions quickly and for interrupting advisory briefings to express his strongly held opinions.

Man accused of carrying bear spray used in attack on Capitol Policeman Brian Sicknick to remain in prison

One issue that seems to reflect the slower pace under the department’s new management is confession discussions with some defendants in Capitol riot cases.

The department asked judges for more time to meet so-called discovery requirements, to produce evidence for defense lawyers, some of whom are complaining in court. Many of the cases are unlikely to go to trial because the defendants are facing relatively minor charges that are unlikely to merit jail time and want to plead guilty, if the Department of Justice permits.

This slowdown is putting pressure on resources for the department and the courts, officials acknowledge, has worsened because with more than 300 people already charged and another 100 more likely, the expanding investigation is the largest in the department ever.

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