A federal judge lambasted Justice Department officials Tuesday for comments in the media about possible sedition charges against some of the people who attacked the Capitol on Jan. 6.
During a Zoom call hearing in the case against members and associates of the Oath Keepers group, U.S. District Court Judge Amit Mehta said remarks by DOJ officials threatened to taint the prosecution of individuals accused of taking part in the assault, according to the Washington Examiner.
Mehta said he was "surprised" to see former Acting U.S. Attorney Michael Sherwin and other officials discussing the pending Capitol investigation in interviews with CBS's 60 Minutes and the New York Times, which cited anonymous sources.
"I was surprised — and I'm being restrained in my use of terminology — surprised, to say the least, to see Mr. Sherwin sitting for an interview about a pending case in an ongoing criminal investigation," Mehta said. "Whether his interview violated Justice Department policy is really not for me to say, but it is something I hope the Department of Justice is looking into.
"As for the New York Times story, I found it troubling that sources within the Department of Justice were detailing the possibility of additional charges in a pending criminal case in an ongoing criminal investigation. I have little doubt that anonymously divulging internal department deliberations is contrary to department policy."
Mehta said he would not hesitate to consider a "gag order" or to "sanction" any attorney who violated rules on public statements going forward, and added the DOJ "needs to understand that these types of public statements can jeopardize the integrity of a criminal case."
Following the call, John Crabb, chief of the criminal division for the U.S. attorney's D.C. office, said Sherwin could face an internal review for comments made during an interview with "60 Minutes," according to The Epoch Times.
Crabb said the media disclosures likely violated DOJ policy, and both matters were referred to department's Office of Professional Responsibility.
"We understand and we share the court's concerns about the media contacts and disclosures that have been made," Crabb said. "The department has already taken steps with respect to both of those."
Crabb added there was "no reason to believe that anyone on the trial team was responsible for those disclosures" to the Times, but "we understand how serious that is."
Mehta said he was committed to trying defendants based on facts rather than speculation.
"No matter how much press attention this matter gets, let me be clear that these defendants are entitled to a fair trial, not one that is conducted in the media," Mehta said. "They are also entitled to defend against charges that are actually brought against them, not speculation about what might or might not be coming.
"The fact is, these types of statements in the media have the potential of affecting the jury pool and the rights of these defendants, and the government, quite frankly, in my view, should know better."
Sherwin, expected to work at the U.S. attorney's office in Miami, was asked during the TV interview about about possible sedition charges against the accused.
"I personally believe the evidence is trending towards that and probably meets those elements," Sherwin said, adding, "I believe the facts do support those charges, and I think that, as we go forward, more facts will support that."
Members of two right-wing groups, the Oath Keepers and the Proud Boys, have been charged with conspiracy and other crimes for their alleged roles in the Capitol attack. No one has been charged with sedition.