A judge in the US Capitol riot case issued a stern warning to federal prosecutors on Tuesday after former US prosecutor Michael Sherwin suggested in an interview with “60 Minutes” that the government could pursue charges of sedition against members of the far-right group Oath Keepers who participated in the January 6 melee.
“No matter how much media attention this case receives, these defendants are entitled to a fair trial,” district judge Amit Mehta said at a hearing on Tuesday, adding that “this case will not be heard by the media.”
In an interview that aired on Sunday, Sherwin, who previously led the Capitol investigation, told Scott Pelley of CBS that he believes the evidence in the case “is tending to” accusations of sedition, a serious crime that carries a death sentence. up to 20 years in prison.
“I believe the facts support these charges,” Sherwin told Pelley. “And I think, as we move forward, more facts will support this.” So far, no charges of sedition have been registered in the hundreds of Capitol riot cases opened by the federal government since the January 6 deadly attack.
The interview, along with a similar story in the New York Times, prompted Mehta to schedule the hearing for Tuesday afternoon, during which he expressed his disapproval of Sherwin’s revelation and said he would not hesitate to impose an order of silence, that would mean the case cannot be discussed in public.
“The Department of Justice needs to understand that these types of public statements can compromise the integrity of the criminal case and affect the rights of criminal defendants,” said Mehta.
Representing the government at the hearing, John Crabb, head of the criminal division of the US Attorney’s Office in DC, said Sherwin did not comply with the Justice Department rules and procedures before doing the interview and was referred to the agency’s Office of Professional Responsibility. for an investigation into whether he violated the department’s rules.
In accordance with the department’s policy on discussing pending cases, any communication from DOJ staff with the media must be previously approved by the United States Attorney or Attorney General.
It was not immediately clear from the audience what consequences Sherwin could face in the interview. The Justice Department declined to comment on Tuesday.
Sherwin resigned as an interim US attorney earlier this month and plans to return to the US attorney’s office in Miami, CBS reported.
Miniature çredit: (Michael Nigro / Pacific Press / LightRocket via Getty Images)
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