Trump sedition: Former Capitol riot prosecutor’s comments alarm new no-drama
Sherwin’s interview with CBS’s “60 Minutes” prompted criticism from officials, even though the remarks largely mirrored those Sherwin made previously in a January news conference.
David Laufman, a former Justice prosecutor echoed some of the internal criticism, saying, “It’s flat out improper,” adding “I don’t think it’s OK for an [assistant US attorney] to be talking to the media about what charges are appropriate in a case under investigation.”
Sherwin didn’t get prior approval from his Justice Department bosses before the 60 Minutes interview, according to people briefed on the matter, a break with protocol.
“I believe the facts do support those charges,” Sherwin said. “And I think that, as we go forward, more facts will support that.”
Some Justice officials believe the comments could serve to hem in top officials who are weighing whether the department can sustain such a politically controversial set of charges, particularly given First Amendment protections. Others also raised concerns that comments about the ongoing investigation could taint the jury pool for cases that won’t likely come to trial for months.
Sherwin — who has returned to Miami, where he serves as an assistant US attorney declined to comment. A DOJ spokesperson also declined to comment.
Federal prosecutors were successful in using the law against Puerto Rican separatists in the 1930s.
Sherwin in the 60 Minutes interview also raised the possibility of Trump facing charges, repeating his comments from January that everything remains on the table for prosecutors. His comments also made clear that evidence so far cuts both ways with some defendants blaming the former President and evidence showing some acted on their own.
There’s no indication that Trump or lawmakers are targets of investigation and the prospect of bringing criminal charges for comments inciting the crowd at the pro-Trump rally before the riot remain unlikely, US officials briefed on the matter say.
Garland’s methodical approach
Garland is still only in his first weeks as attorney general and the Capitol insurrection cases are among the important matters that he vowed to make his top priority. Justice officials have said he has spent many of his days getting briefed on national security and other matters.
People familiar with Garland’s briefings describe him as…
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