A federal judge sharply criticized the Justice Department Tuesday for speaking to the press about its case against alleged members of the Oath Keepers paramilitary group facing conspiracy and other charges in connection with the Capitol insurrection (article available here).
"I called this hearing this afternoon to make clear to everyone that this case will not be tried in the media," the district court judge said. "If there are further public comments or stories of the kind that we've seen in the last 48 hours, I will not hesitate to consider a gag order."
The first was a 60 Minutes piece that featured a lengthy sit-down with Michael Sherwin, the former acting U.S. attorney for Washington, D.C. In the interview, Sherwin discusses the Capitol riot investigation, including the Oath Keepers case, some of the government's evidence and potential future charges such as sedition.
The other story appeared in The New York Times. In that article, anonymous officials said the department was weighing possible sedition charges in the Oath Keepers case.
"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," the court said. "They are also entitled to defend against the charges that are actually brought against them, not speculation about what might or might not be coming." "The government, quite frankly in my view, should know better."
In response, a supervisor and chief of the Criminal Division in the U.S. Attorney's Office in Washington, D.C., said the department "understands and shares the court's concern" about the press stories, and assured him that it has already taken steps to address both of them. He said the matter has been referred for review to the department's Office of Professional Responsibility, which investigates attorney misconduct.